IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 28TH JUNE 2011 / 7TH ASHADHA 1933 WP(C).No. 35220 of 2007(P) --------------------------------------- PETITIONER(S): ------------------------ R.MAHESH, AGED 36 YEARS, GOKUL HOUSE, PALLATHU ROAD, THAMMANAM P.O., ERNAKULAM. BY ADV. SRI.V.E.ABDUL GAFOOR SRI.A.MOHAMMED SAVAD RESPONDENT(S): --------------------------- 1. MRS.SANI FRANCIS, HOLY FAITH BUILDERS & DEVELOPERS, 34/2353, MAMANGALAM, COCHIN-25. 2. THE VILLAGE OFFICER, THRIKKAKARA SOUTH VILLAGE (KAKKANADU) ERNAKULAM. 3. THE TAHSILDAR, KANAYANNUR TALUK, ERNAKULAM. 4. THE REVENUE DIVISIONAL OFFICER, FORT KOCHI. 5. THE PRINCIPAL AGRICULTURAL OFFICER, COLLECTORATE, KAKKANAD. R1 BY ADV.SRI.PEEYUS A.KOTTAM R2 TO R5 BY GOVERNMENT PLEADER SMT.N.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.35220/2007 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 23/11/2007. P1(A) COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P1 COMPLAINT. P2 COPY OF THE ORDER DATED 23/11/2007 PASSED BY THE 4TH RESPONDENT DIRECTING THE 2ND RESPONDENT TO TAKE ACTION. P2(A) COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P2 ORDER DATED 23/11/2007. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.35220 of 2007 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of June, 2011 J U D G M E N T The petitioner is aggrieved by the action of the 1st respondent in filling up lands in violation of the Kerala Land Utilisation Order. The petitioner seeks the following reliefs: “i. issue a writ of mandamus directing the 2nd respondent to implement exhibit P2 order by taking action under the provisions of the Kerala Land Utilisation Order, 1967; ii. issue a writ of certiorari calling for the records leading to the granting of licence if any for filling up paddy field to the 1st respondent, and quash the same;” Ext.P2 is a direction from the Revenue Divisional Officer, Fort Cochin to the Village Officer, Kakkanad to take action if there are any action contrary to Kerala Land Utilisation order, if necessary with police help, and to file a report through the Tahsildar. The petitioner's grievance is that, the same is not being complied with. None of the respondents have chosen to file any counter affidavit. Therefore I am inclined to accept the averments in the writ petition as true and correct. If that be so, there is no W.P.(C)No.35220 of 2007 -2- reason for not implementing Ext.P2 appropriately. Accordingly the respondents 2 to 4 are directed to see that the action initiated by Ext.P2 is taken to its logical conclusion and implement the same, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/