IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 WP(C).No. 26021 of 2008(W) -------------------------- PETITIONER: ------------ 1. GEORGE JACOB PURACKAL HOUSE, MAVELIL LANE, PONOTH ROAD, KALOOR,KOCHI-17,REPRESENTED BY POWER HOLDER RAFFI MATHER-DIRECTOR, MATHER PROJECTS PVT.LTD. 2. SATHEESH PRATHAP, FLAT NO. 605,6TH FLOOR, PIONEER TOWERS, SHANKUGHAM ROAD, ERNAKULAM REPRESENTED BY POWER HOLDER RAFFI MATHER-DIRECTOR, MATHER PROJECTS PVT.LTD. 3. MADHUKAR JOHAR, 46/105,LAVANYA,TKC ROAD VADUTHALA,ERNAKULAM,REPRESENTED BY POWER HOLDER RAFFI MATHER-DIRECTOR, MATHER PROJECTS PVT.LTD. 4. PRAVESH PRATAP JOHAR,46/105,LAVANYA, TKC ROAD VADUTHALA,ERNAKULAM, REPRESENTED BY POWER HOLDER RAFFI MATHER-DIRECTOR, MATHER PROJECTS PVT.LTD. 5. KALAYA GOWDER VASAGAN,10/26,SURULI ROAD KAMAYA GOWNDANPATTI,UTHAMAPALAYAM,THENI 626 521, REPRESENTED BY POWER HOLDER RAFFI MATHER-DIRECTOR, MATHER PROJECTS PVT.LTD. 6. MATHER PROJECTS PVT.LTD RAJAJI ROAD, ERNAKULAM COCHIN-35,REPRESENTED BY ITS DIRECTOR-RAFFI MATHER. BY ADV. SRI.V.V.ASOKAN SMT.S.AMINA RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM. 2. THE TAHSILDAR,ALUVA. 3. VILLAGE OFFICER ALUVA WEST VILLAGE,ALUVA. 4. KARUMALLUR GRAMA PANCHAYATH REPRESENTED BY SECRETARY (SPECIAL GRADE) KARUMALLOOR. BY GOVT. PLEADER SHRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.26021 of 2008 ================== Dated this the 28th day of August, 2008 J U D G M E N T The petitioners are aggrieved by Ext.P5 stop memo whereby the Village Officer has directed the petitioners not to conduct construction activities in the property in question on the ground that the properties have been illegally converted in violation of the Kerala Utilization Order. 2. I have heard the learned Government Pleader also. 3. I am of opinion that having issued Ext.P5, the District Collector has a duty to complete the proceedings and pass final orders under the Kerala Land Utilization Order expeditiously. Accordingly, I dispose of this writ petition with a direction to the 1st respondent to take up the matter and pass final orders pursuant to Ext.P5 stop memo, as provided under the Kerala Land Utilization Order, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment. The petitioners would be free to continue construction at their own risk and if ultimately the decision of the District w.p.c.26021/08 2 Collector goes against them, they would be liable to demolish the construction without any equitable consideration, subject of course their right to challenge the adverse orders in appeal. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge