IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 24TH JULY 2008 / 2ND SRAVANA 1930 WP(C).No. 14739 of 2008(D) -------------------------- PETITIONER: ------------ JOHN K.A., KEEZHUR MUTTIKKAL HOUSE, PULIYANOOR,VELLATTANJOOR, THRISSUR DISTRICT. BY ADV. SRI.P.N.MOHANAN RESPONDENTS: ----------------- 1. REVENUE DIVISIONAL OFFICER, THRISSUR. 2. E.A. RAMACHANDRAN, SECRETARY,K.S.K.T.U., VELUR PANCHAYATH COMMITTEE, THRISSUR. BY ADV. SRI.C.A.CHACKO FOR R2 GOVERNMENT PLEADER SRI.M.R.SABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.14739/2008 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE FREE SURRENDER GIVEN BY THE PETITIONER ON 14.12.2001. EXT.P2: COPY OF THE ORDER OF THE DISTRICT COLLECTOR DATED 23.11.03. EXT.P3: COPY OF THE NOTICE DATED NIL ISSUED BY THE R.D.O. EXT.P4: COPY OF the REPORT OF THE VILLAGE OFFICER. EXT.P5: COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER. RESPONDENTS EXHIBITS: EXT.R1(a): COPY OF THE CIRCULAR NO.B1-438 10/C4 DATED 16.12.2004 OF THE DISTRICT COLLECTOR. TRUE COPY P.A.TO JUDGE S.SIRI JAGAN, J ================== W.P(C)No.14739 of 2008 ================== Dated this the 24th day of July, 2008. J U D G M E N T The petitioner challenges Ext.P3 notice whereby the petitioner has been directed to appear for a hearing in respect of unauthorised filling up of paddy lands by the petitioner, in respect of which the Revenue Divisional Officer has received a complaint from the Secretary of a Union of agriculturists. The petitioner's contention is that he converted his wet land into dry land as per Ext.P2 permit issued by the District Collector and therefore, the R.D.O who is a subordinate authority to the District Collector has no jurisdiction to issue Ext.P3 notice. The petitioner would also contend that the petitioner had filled up the land in accordance with the Ext.P2 permit in 2003-2004. The petitioner therefore seeks the following reliefs: “i) call for the records leading to issue Ext.P3 and quash the same by issuing a writ of certiorari or any other appropriate writ order or direction.” ii) Declare that the first respondent R.D.O. has no W.P(C)No.14739 of 2008 - 2 - power to interfere in Ext.P2 order issued by the District Collector by exercising his power under clause 6(2) of the Kerala Land Utilization Order, 1967. iii) restrain the respondents from peaceful enjoyment of the above mentioned 33 cents of land by the petitioner.” 2. A statement has been filed on behalf of the 1st respondent producing Ext.R1(a) circular from the District Collector wherein it has been stipulated that the permits issued prior to 1.1.2004 would not be continued to be in force and for converting lands on the basis of permits issued prior to 1.1.2004 the same should be got renewed. The petitioner would contend that this question does not arise because the petitioner had already filled up the land even prior to 1.1.2004. I am of opinion that these are all matters which the petitioner should raise at the time of the hearing pursuant to Ext.P3 notice. It would be open to the petitioner to raise the question of jurisdiction of the R.D.O. also in that hearing. It would be open to the petitioner to produce the documents relied upon by him to show that he converted W.P(C)No.14739 of 2008 - 3 - the land before including the report of the Village Officer which the petitioner claims support of his contention. Therefore, without prejudice to the right of the petitioner to raise all his contentions before the R.D.O, in the hearing pursuant to Ext.P3 notice who shall pass a reasoned order considering all the contentions of the petitioner, this writ petition is disposed of. S.SIRI JAGAN, JUDGE rhs