IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 WP(C).No. 34891 of 2008(D) ------------------------------- PETITIONER : --------------------- MICHAEL, S/O.XAVIER, 43 YEARS, MELEDATH HOUSE, THRIKKUR PO., THRISSUR BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENTS : ------------------------ 1. REVENUE DIVISIONAL OFFICER, THRISSUR. 2. DISTRICT COLLECTOR, THRISSUR. 3. VILLAGE OFFICER, THRIKKUR VILLAGE, THRISSUR. BY SMT. SUDHADEVI, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. --------------------------- W.P.(C) No. 34891 of 2008 ------------------------------------ Dated this the 8th day of January, 2009 JUDGMENT The petitioner submits that he wants to start a floor tile manufacturing unit in the property having an extent of 32 cents and that for this purpose he wanted to level the land by removing the earth. There was obstruction from the neighbours and by Exhibit P2 judgment, Police protection was obtained by the petitioner. A suit was also filed, which resulted in Exhibit P3 interlocutory order. Subsequently by Exhibit P4, R.D.O permitted the petitioner to remove the earth subject to the conditions therein. 2. According to the petitioner, on the strength of the above orders, while he was proceeding with the removal of earth, Village officer stopped his work by issuing Exhibit P5 order. Reference to Exhibit P5 order also shows that the same was issued by the Village officer based on the order of the R.D.O. It is challenging Exhibit P5, this writ petition has been filed. 3. Learned Government pleader on instruction submitted that misusing Exhibits P2 to P5, the petitioner was removing red earth from W.P.(C) No. 34891/ 2008 2 the property and that there were several complaints against the petitioner. Taking into account the complaints, R.D.O conducted a preliminary inquiry and thereafter, initiated proceedings under Section 133 of the Cr.P.C. According to the learned Government Pleader a conditional order also has been passed by the RDO. 4. Now from the statements made by the learned Government Pleader, it is evident that on the complaints received, the RDO has initiated proceedings under Section 133 of the Cr.P.C. and a conditional order also has been passed. If that be so, the course open to the petitioner is to appear before the R.D.O and obtain orders in the matter. Therefore, it is left open to the petitioner to appear before the first respondent, in which case the first respondent shall continue the proceedings with notice to all concerned on an expeditious basis. The petitioner shall produce a copy of this judgment before the first respondent for compliance. ANTONY DOMINIC, JUDGE scm