IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 WP(C).No. 20815 of 2008(C) -------------------------- PETITIONER: ------------ JIJI MATHEW, AGED 40 YEARS,S/O.MATHEW, CHUDUKATTIL, PACHA, EDATUA, ALAPPUZHA. BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.GEORGE MATHEW RESPONDENTS: ------------- 1. STATE OF KERALA REP BY ITS SECRETARY REVENUE, GOVERNMENT SECRETARAIT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, CIVIL STATION, ALAPPUZHA. 3. THE REVENUE DIVISIONAL OFFICER, CIVIL STATION, ALAPPUZHA. 4. TAHASILDAR, KUTTANADU, ALAPPUZHA. 5. ADDITIONAL TAHSILDAR, KUTTANADU, ALAPPUZHA. 6. THE VILLAGE OFFICER, THAKAZHY VILLAGE OFFICE, THAKAZHY. BY GOVT. PLEADER SRI. I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 20815 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 28th July, 2008. J U D G M E N T The petitioner is aggrieved by an apprehended action by respondents 3 to 6 under the Kerala Land Utilisation Order for auctioning the right to cultivate petitioner's property without notice to the petitioner or passing an order in respect of the same. The petitioner would further submit that the petitioner has filed Ext. P4 application for conversion of his land, which has also not been considered by the 3rd respondent. The petitioner therefore seeks the following reliefs: i) To issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the 4th respondent to issue a copy of the order passed against the petitioner in respect of his properties comprised in Block No. 30 in Re. Sy. No. 561/1-2 and 561/2-2 of the Thakazhi Village in Kuttanad Taluk of Alappuzha District under the Kerala Land Utilisation Order. ii) to issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the respondents not to initiate any steps against the petitioner's property comprised in Block No. 30 in Re Sy. No. 561/1-2 and 561/2-2 of the Thakazhi Village in Kuttanad Taluk of Alappuzha District under the Kerala Land Utilisation Order.” 2. The learned Government Pleader would contend that Ext. P4 application cannot be considered for more than one reason. The first is that it does not give the description of the properties correctly. Secondly, the petitioner has been proceeded against for encroachment into Government land and filling up the same, which has resulted in Exts.P.1 and P2 orders against which the petitioner has filed an appeal, which is pending. According to the learned Government Pleader, the attempt of the petitioner is to make evidence in support of his contentions in the appeal. On the other hand, the petitioner would contend that he has no such intention and in respect of Exts. P1 and P2, he shall seek his remedies in the appeal W.P.C. No. 20815/2008. -: 2 :- itself. But, he is presently aggrieved by the proposed action to auction the right to cultivate the property without serving a proper order on him. After hearing both sides, I dispose of this writ petition, without prejudice to the contentions of the parties, with a direction to the respondents not to take any action under the Kerala Land Utilisation Order against the properties belonging to the petitioner, except after hearing the petitioner and passing an order to that effect. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.