IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930 WP(C).No. 42 of 2009(E) ----------------------- PETITIONER: -------------- K.P.ACHUTHAN, (SECRETARY ADOOR TALUK QUARRY WORKERS UNION AND MEMBER, CITU DISTRICT COMMITTEE, PATHANAMTHITTA)VARYATHARA HOUSE, POOZHIKODE, KURAMBALA VILLAGE, ADOOR, PATHANAMTHITTA DISTRICT. BY ADV. SRI.JACOB P.ALEX RESPONDENTS: ----------------- 1. DISTRICT COLLECTOR, PATHANAMTHITTA. 2. REVENUE DIVISIONAL OFFICER, ADOOR, PATHANAMTHITTA. 3. THASILDAR, ADOOR, PATHANAMTHITTA. 4. VILLAGE OFFICER KURAMBALA VILLAGE, VILLAGE OFFICE, KURAMBALA, ADOOR, PATHANAMTHITTA 5. SREEKUMAR, S/O.THANKAPPA KURUP, IDDINJYATHU HOUSE, KURAMBALA VILLAGE, ADOOR, PATHANAMTHITTA DISTRICT. R1 TO R4 BY GOVERNMENT PLEADER, SMT.SUDHADEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. --------------------------- W.P.(C) No. 42 of 2009 ------------------------------------ Dated this the 19th day of January, 2009 JUDGMENT Petitioner's complaint is regarding the inaction on the part of respondents 1 and 2 on Exhibits P3 and P4, where he is seeking to initiate proceeding against the 5th respondent under the provisions of Kerala Land Conservancy Act and Rules framed thereunder, on the allegation that he has trespassed into the puramboke land situated in Survey No. 394/12 (Block No.3). Learned Government pleader on instruction submits that this matter has already been verified and they have concluded that the 5th respondent has not trespassed into the puramboke land and that some other person has committed the trespass and action is being taken. In any case, in view of the finding that the 5th respondent has not committed trespass into the puramboke, this court will not be justified in directing the respondents 1 and 2 to take action on Exhibits P3 and P4. This writ petition fails and it is dismissed. ANTONY DOMINIC, JUDGE scm