IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 11TH JANUARY 2011 / 21ST POUSHA 1932 WP(C).No. 953 of 2011(T) ---------------------------------- PETITIONER(S): ----------------------- ZEENATH KABEER,W/O.KABEER,AGED 49 YRS, KAKKATTUTHARAYIL,TALIKULAM VILLAGE(P.O), CHAVAKKAD TALUK,THRISSUR DISTRICT. BY ADV. SRI.K.I.SAGEER RESPONDENT(S): ------------------------ 1. DISTRICT COLLECTOR,THRISSUR DISTRICT, COLLECTORATE,THRISSUR-680 001. 2. REVENUE DIVISIONAL OFFICER,THRISSUR, PIN-680 001. 3. AGRICULTURAL OFFICER,KRISHI BHAVAN, THALIKULAM.P.O,THRISSUR DISTRICT,PIN-680 001. 4. ADDITIONAL TAHSILDAR,CHAVAKKAD, THRISSUR DISTRICT,PIN-680 001. 5. VILLAGE OFFICER,VILLAGE OFFICER, THALIKULAM.P.O,THRISSUR DISTRICT,PIN-680 001. BY GOVT. PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss ANTONY DOMINIC, J. ------------------------- W.P (C) No.953 of 2011 -------------------------- Dated this the 11th January, 2011 J U D G M E N T Petitioner submits that she purchased 21.5 cents of property in Sy. No.359/1 of Thalikulam village as per Ext.P1 document. It is stated that there was an allegation that without obtaining orders from the respondents under the Kerala Conservation of Paddy Lands and Wet Lands Act 28 of 2008, she reclaimed the said land. On the aforesaid basis, she was issued with Exts.P3 and P4 show cause notices, in pursuance to which petitioner appeared before the 1st respondent and submitted her explanation. According to the petitioner, without passing orders in the matter, the 2nd respondent has directed her to remove soil from her land. It is in these circumstances, the writ petition has been filed seeking to restrain the 2nd respondent from proceeding against the petitioner at least until the orders are passed by the 1st respondent. 2. If as stated by the petitioner, proceedings under Act 28 of 2008 have been initiated against her, necessarily the 1st respondent will have to pass orders considering the W.P (C) No.953 of 2011 2 explanation submitted by her and until orders are so passed, it will be premature from respondents 2 and 3 to require the petitioner to remove soil from the land also. 3. In that view of the matter, I dispose of this writ petition directing that the 1st respondent shall pass orders in pursuance to Exts.P3 and P4, if orders have not been passed and communicated to the petitioner so far. It is directed that until orders are so passed and communicated as above, further proceedings against the petitioner shall not be initiated by respondents 2 and 3. Petitioner shall produce a copy of this judgment along with a copy of the writ petition before respondents 1 to 3 for compliance. ANTONY DOMINIC JUDGE ma W.P (C) No.953 of 2011 3