IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 2ND APRIL 2008 / 13TH CHAITHRA 1930 WP(C).No. 5587 of 2008(M) --------------------------------------- PETITIONER: -------------------- JACOB OOMMEN, S/O.KOCHUMMEN, AGED 45 YEARS, RESIDING PERMANENTLY AT MANANTHARAYIL, JJ VILLA, VETTUVENY, PALLIPPAD, ALAPPUZHA. BY ADV. SRI.M.R.RAJENDRAN NAIR (SR.) SRI.M.R.HARIRAJ SRI.SURAJ.S SRI.P.A.KUMARAN SMT.NEELIMA V.NAIR RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, SECRETARIAT, TRIVANDRUM. 2. THE REVENUE DIVISIONAL OFFICER, CHENGANOOR. BY GOVERNMENT PLEADER SRI. M.R. SABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.5587/2008 M APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF ORDER NO.INDTOUR/CHENNAI/HTL/APL/2007 (KER)/07 DTD. 26/04/2007. EXT.P2: COPY OF ORDER NO.B 992/07 DTD. 18/04/2007 ISSUED BY THE SECOND RESPONDENT. EXT.P3: COPY OF NOTICE NO.KLU B 992/07 DTD. 28/05/2007 ISSUED BY THE SECOND RESPONDENT. EXT.P4: COPY OF REPLY DTD. 16/06/2007 GIVEN ON BEHALF OF THE PETITIONER. EXT.P5: COPY OF THE ORDER NO.992/07/8 DTD. 2/07/2007. EXT.P6: COPY OF ORDER NO.992/07/KLU/B DTD. 2/07/2007 ISSUED BY THE SECOND RESPONDENT. EXT.P7: COPY OF APPLICATION DTD. 9/10/2007. EXT.P8: COPY OF REPORT OF THE VILLAGE OFFICER DTD.10/10/2007. EXT.P9: COPY OF ORDER BEARING NUMBER AND DATE ISSUED BY THE 2ND RESPONDENT. EXT.P10: COPIES OF PHOTOGRAPHS OF THE PROPERTY. /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 5587 of 2008 ------------------------------------- Dated: APRIL 2, 2008 JUDGMENT The matter arises under the Land Utilisation Order. The challenge in this writ petition is against Ext.P9 auction notice. 2. At the time when the petition was admitted on 15.2.2008, this court had granted a stay of the said notice and that order is in force even now. 3. It is seen that the petitioner has already submitted an application seeking permission of the 2nd respondent in terms of the provisions contained under the Land Utilisation Order. The learned counsel appearing for the petitioner also refers to Ext.P2, a previous order, and also Ext.P8, report of the village officer, favourable to the petitioner. It is submitted that while Ext.P7 application is pending consideration of the 2nd respondent, Ext.P9 notice was issued. 4. Having regard to the facts as stated above, I feel that what WP(C) 5587/08 Page numbers is appropriate in the circumstances is that the 2nd respondent should take a final decision on Ext.P7 adverting to the materials that are available. 5. Accordingly, I dispose of this writ petition directing that the 2nd respondent shall take a final decision on Ext.P7 with notice to the petitioner and after affording an opportunity of hearing to him as well. This shall be done by the 2nd respondent as expeditiously as possible, at any rate, within two months of production of a copy of this judgment. It is directed that in the meanwhile all further proceedings pursuant to Ext.P9 will stand stayed. Petitioner shall produce a copy of this judgment before the 2nd respondent for compliance. ANTONY DOMINIC, JUDGE mt/-