IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 WP(C).No. 5531 of 2010(N) ------------------------- PETITIONER(S): --------------- SABU PAUL, AGED 41 YEARS, S/O.PAULOSE, KANNANGAYATH, MANEED VILLAGE, KAROOR KARA, PAZHOOR P.O., PIRAVOM. BY ADV. DR.VINCENT PANIKULANGARA SRI.V.S.CHANDRASEKHARAN SMT.LEKSHMI SWAMINATHAN RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY. 2. DISTRICT COLLECTOR ERNAKULAM. 3. R.D.O.MUVATTUPUZHA. 4. TAHSILDAR, MUVATTUPUZHA. 5. VILLAGE OFFICER PIRAVOM. GOVERNMENT PLEADER, SHRI P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.5531/2010-N ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 19th day of February, 2010 J U D G M E N T The petitioner is carrying out manufacturing and sale of tiles and allied clay products in the St.Martin's Clay Works. He purchased the same on 29/03/2001. The petitioner owns property to an extent of 20 cents in Survey Nos.622/3C and 50 cents in Survey No.644/2 of Piravom Village. In Survey Nos.622 and 644 there are different sub survey numbers owned by different parties. Survey Nos.621, 622, 623, 645, 646 and 647 are adjacent lands with nearly 50 sub survey numbers and an area more than 5 acres. According to the petitioner, these properties have been filled up years back and large number of coconut trees, nutmeg trees, plantains, mango trees, jackfruit trees and other seasonal cash crops like tapioca, pine apple and beans are being cultivated there. Even though these lands are named as nilam in the revenue records, they are not being used for any paddy cultivation. 2. Petitioner is aggrieved by Ext.P4 memo issued by the District Collector under the Act 28 of 2008 directing him to take appropriate steps to effect paddy cultivation after restoring the position of the property. The petitioner has already filed Ext.P5 objection in the matter W.P.(C). No.5531/2010 -:2:- seeking for a proper enquiry after conducting a local inspection also. 3. There will be a direction to the District Collector to take a decision on Ext.P5 after hearing the parties and after conducting due local enquiries directly or through the revenue officers within a period of two months from the date of receipt of a copy of this Judgment. In the meanwhile, any further action pursuant to Ext.P4 will be kept in abeyance. The petitioner is allowed to carry out normal activities in the property concerned. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms