IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 WP(C).No. 12534 of 2010(N) ------------------------------------------ PETITIONER(S): ------------------------- JOSE, S/O.POULOSE, THALIYANAYATH HOUSE, ALATHUR P.O.,PIN-680 741. BY ADVS. SRI.P.DEEPAK, SMT.APARNA RAJAN. RESPONDENT(S): ---------------------------- 1. THE DISTRICT COLLECTOR, CIVIL STATION, AYYANTHOLE, THRISSUR. 2. GINCI,W/O.VARGHESE MANGALI, NEAR VENNUR SERVICE CO-OPERATIVE BANK LTD., P.O.ALATHUR, PIN - 680 741. 3. THE SUB INSPECTOR OF POLICE, MALA, 4. REVENUE DIVISIONAL OFFICER, THRISSUR. *ADDL.R5 IMPLEADED: R5. SECRETARY TO THE GOVERNMENT, AGRICULTURAL DEPARTMENT, GOVT. OF KERALA. IS SUO-MOTU IMPLEADED AS PER JUDGMENT DATED 16/06/2011. R1,R3,R4 & ADDL.R5 BY SR. GOVERNMENT PLEADER SRI.M.H.HANILKUMAR R2 BY ADVS. SRI.T.H.ABDUL AZEEZ, SRI.MOHAMMED SADIQUE.T.A, SRI.T.A.MOHAMMED SANOOJ. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.12534/2010 N APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DTD. 22/12/2008. P2: COPY OF THE ACKNOWLEDGMENT RECEIPT DTD. 23/12/08. P3: COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER DTD. 28/12/08 AND ACKNOWLEDGEMENT RECEIPT DTD. 28/12/08. P4: COPY OF THE JUDGMENT IN WP(C) NO.730/09 DTD. 30/01/2009. P5: COPY OF THE ORDER DTD. 5/06/09. P6: COPY OF THE ORDER OF LAND REVENUE COMMISIONER DTD. 28/10/2010. P7: COPY OF THE JUDGMENT OF THE MUSIFF COURT, CHALAKUDY DTD. 27/09/10. RESPONDENT'S EXHIBITS: R2(A): COPY OF THE COMMISSIONERS REPORT DTD. 26/03/09. R2(B): COPY OF THE PHOTOGRAPHS. /TRUE COPY/ P.A.TO JUDGE Kss P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No . 12534 of 2010 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 16th June , 2011 JUDGMENT The petitioner has approached this Court with the following prayers : i. issue a writ in the nature of mandamus commanding the 1st respondent take steps to implement Exts. P5 order issued by the RDO and immediately take action to restore the land filled by the 2nd respondent to its old position as required under Section 13 of Act 28 of 2008. ii. Direct District Collector to take necessary actions against the 2nd respondent for violating the provisions of Act 28 of 2008. iii. Issue a writ in the nature of mandamus commanding the Sub Inspector of Police, Mala to ensure that the 2nd respondent does not carry on filling up activities of his land in Sy. No. 116 in Alathur Village Mundapuram Taluk iv. Issue any other such writ, order or direction as this Hon'ble Court may deem fit and necessary in order to meet the ends of justice on the facts in the circumstances of the instant case; an v. award the costs of this case to the petitioner. 2. During the course of hearing, it is brought to the notice of this Court that, the second respondent has approached the Government W.P. (C) No. 12534 of 2010 : 2 : represented by the Secretary to the Agricultural Department by filing a revision petition, against Ext. P6 and that the same is pending consideration. 3. The learned counsel for the petitioner submits that revision petitioner, though had filed an I.A. for stay, the same stands dismissed on 01.12.2010. The learned counsel appearing for the parties concerned and the Government Pleader appearing for the other respondents submit that the matter could be disposed of, causing the revision to be considered and finalized by the Secretary to the Government, Agricultural Department, before whom the same is pending. 4. In the said circumstances, the Secretary to the Government, Agricultural Department, Government Kerala is 'suo motu' impleaded as the additional 5th respondent and the learned Government Pleader has entered appearance on behalf of him as well. The Writ Petition is disposed of directing the additional 5th respondent to consider and finalize the revision petition pending before him, as expeditiously as possible, at any rate, within 'three months' from the date of receipt of a copy of this judgment. W.P. (C) No. 12534 of 2010 : 3 : Petitioner shall produce a copy of this judgment along with copy of the writ petition before the additional 5th respondent for further steps. The Writ Petition is disposed of. P. R. RAMACHANDRA MENON, JUDGE kmd /True copy/ P.A. to Judge