IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 2ND FEBRUARY 2010 / 13TH MAGHA 1931 WP(C).No. 24247 of 2009(A) -------------------------------------- PETITIONERS: --------------------- 1. CHACKO THOMAS, S/O.THOMAS, AGED 55 VETTUKUZHIYIL HOUSE, VAZHAPPILLY P.O, KIZHAKKUMBHAGAM VILLAGE, CHANGANASSERY, KOTTAYAM DISTRICT. 2. SURENDRAN NAIR, S/O.NARAYANAN NAIR, AGED 68 YEARS, PADINJADATHU, MANJADIKKARA, CHANGANASSERY. BY ADVS. MR.GEORGE SEBASTIAN, MR.EGY.N.ELIAS. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, KOTTAYAM. 2. THE REVENUE DIVISIONAL OFFICER, KOTTAYAM. 3. THE TAHSILDAR,. CHANGANASSERY. 4. THE VILLAGE OFFICER, VAZHAPPALLY EAST VILLAGE, CHANGANACHERRY. 5. PHILIP THANKACHAN, MAILANTHRA HOUSE, KURICHY VILLAGE, MALAKUNNAM PO, CHANGANCHERRY. R1 TO R4 BY GOVT. PLEADER MR. I.V. PRAMOD, R5 BY ADVS. MR.JOMY GEORGE, MR.M.J.BENNY, MR.P.REJINARK, MR.SEBASTIAN THOMAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.24247/2009-A: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE MASS REPRESENTATION DTD. 13/12/2007 BEFORE THE R.1. EXT.P.2: COPY OF THE REPRESENTATION DTD. 05/01/2009 FILED BY THE PETITIONER BEFORE THE R.1. EXT.P.3: COPY OF THE ORDER DTD. 29/01/2009 PASSED BY THE R.2. EXT.P.4: REPRESENTATION DTD. 22/04/2009 FILED BY THE PETITIONERS BEFORE THE R.2. EXT.P.5: COPY OF THE REPRESENTATION DTD. 17/06/2009 FILED BY THE PETITIONERS BEFORE THE R.2. EXT.P.6: COPY OF THE COMMUNICATION DTD. 17/11/2007 ISSUED BY PRINCIPAL SECRETARY (REVENUE). EXT.P.7: COPY OF THE COMMUNICATION DTD. 15/07/2009 ISSUED BY THE R.2. EXT.P.8: A NEWS REPORT APPEARED IN MATHRUBHUMI DAILY DTD. 25/06/2009. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.24247 OF 2009 ------------------------------------------- Dated this the 2nd day of February, 2010 JUDGMENT 1.The petitioners complained of illegal and unauthorised filling of wet land. The following interim order was issued at the stage of admission. “Admit. Issue notice by speed post returnable within two weeks. On production of a copy of this order before the 2nd respondent, he shall take steps to verify whether the 5th respondent has been filling up any paddy fields comprised in Re.Sy.Nos.1/1/4, 1/6/2, 1/10, 1/11, 1/3, 1/8, 1/1/3, 1/1/1, 1/6, 1/9 and 1/7 in Vazhappally east village in Changanacherry Taluk without getting permission from the competent authority under the Land Utilisation Order. If it is filled up without permission, then he shall take steps to see that such activities are stopped forthwith”. WPC.24247/09 2 2.Though learned counsel for the petitioners states that the said interim order was communicated to the second respondent, no instructions are issued from that end to the learned Government Pleader regarding the case. Ext.P3 has generated a proceedings before the Revenue Divisional Officer. It cannot be dragged on for long. Therefore, the second respondent is directed to ensure compliance of the aforequoted interim order and also to further take up the issue in pursuance of Ext.P3 and conclude proceedings thereon within a period of three months and file an action taken report in this regard before the Registrar (General) of this Court within one month. The writ petition is ordered accordingly. All issues on merits are left open. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.04/02.