IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 WP(C).No. 19582 of 2008(F) -------------------------- PETITIONER: ------------ 1. VINCENT, RENNI HOUSE, ARUMANNURKADA, POOVAR P.O., THIRUVANANTHAPURAM. 2. LOBY DASAN, ANAND BHAVAN, MURACHALVILAKAM, THIRUPURAM, THIRUVANANTHAPURAM. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.S.S.HUSSAIN SRI.P.K.NIJOY RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, SURVEY DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM. 3. THE TAHSILDAR, NEYYATTINKARA. 4. THE VILLAGE OFFICER, THIRUPURAM VILLAGE, THIRUVANANTHAPURAM. 5. VASUDEVAN NAIR, VADAKKUBHAGAM VEEDU, THIRUPURAM, THIRUVANANTHAPURAM. 6. PARITHOSH @ UNNI, S/O.BHASKARAN NADAR, B.S.PURAM, THIRUPURAM, THIRUVANANTHAPURAM. 7. VIJI, W/O.PARITOSH, B.S.PURAM, THIRUPURAM, THIRUVANANTHAPURAM. GOVT. PLEADER SHRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 19582 of 2008 ================== Dated this the 15th day of July, 2008 J U D G M E N T The petitioners claim to be owner in possession of certain lands in Thiruvananthapuram District. In those lands, they are cultivating paddy, plantains, tapioca etc. The access to the petitioners' land is stated to be through a ridge situated through the middle of the fields of respondents 5 and 6. The petitioners now complain that respondents 5 and 6 have demolished the ridge rendering the petitioners without any access to their property. The petitioners filed a complaint before the Revenue Divisional Officer which was forwarded to the Tahsidlar and after hearing the petitioners and respondents 5 to 7, an order was passed, viz., Ext.P3, directing respondents 5 and 6 to restore the ridge. When Ext.P3 was not implemented, the petitioners filed Ext.P4 representation. Now the 2nd respondent has passed Ext.P5 order dated 23.5.2008 staying Ext.P3 order without hearing the petitioners. The petitioners, therefore, seek the following reliefs: w.p.c.19582/08 2 “(i) issue a writ of certiorari or such other writ, direction or order quashing Exhibit P5 as arbitrary, illegal and unconstitutional; (ii) issue writ of mandamus, or such other writ, direction or order directing the 2nd respondent to furnish a copy of the appeal said to be filed by respondents 5 and 6 against Exhibit P3 order and to consider and pass orders on the appeal, after hearing the petitioners also, within a time frame to be fixed by this Honourable Court;” 2. After hearing the counsel for the petitioners as also the learned Government Pleader, I feel that the proper course to be adopted in this case is to direct the 2nd respondent - Revenue Divisional Officer to pass final orders in the matter after hearing all parties. Accordingly, I dispose of this writ petition with a direction to the 2nd respondent-RDO to pass final orders pursuant to Ext.P5, as expeditiously as possible, at any rate, within three weeks from the date of receipt of a certified copy of this judgment, after affording an opportunity of being heard to the petitioners as well as respondents 5 to 7. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.19582/08 3