IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 18TH OCTOBER 2011 / 26TH ASWINA 1933 WP(C).No. 27532 of 2011(N) --------------------------------------- PETITIONER(S): --------------------- SHAJI K.JOSEPH, KURUVAKATT, KADAVOOR P.O., SOUTH PUNNAMATTOM, KOTHAMANGALAM TALUK, ERNAKULAM-686 680. BY ADV. SRI.GEORGE JACOB (JOSE) RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DISTRICT COLLECTOR, ERNAKULAM-682 030. 3. THE TAHSILDAR, KOTHAMANGALAM-671 121. 4. THE VILLAGE OFFICER, KADAVOOR P.O., KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT-686 671. 5. THE PAINGOTTOOR GRAMA PANCHAYAT, PAINGOTTOOR, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY, PIN-686 671. R1 TO R4 BY GOVT. PLEADER SMT.M.J. RAJASHREE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 27532 of 2011(N) APPENDIX PETITIONER'S EXHIBITS: EXT.P1. PHOTOCOPY OF THE SALE DEED NO.849/2009. EXT.P2. PHOTOCOPY OF THE APPLICATION DATED 11.11.2008 REQUESTING FOR ASSIGNMENT OF THE SAID LAND. EXT.P3. PHOTOCOPY OF THE MAHAZAR PREPARED BY THE 4TH RESPONDENT EXT.P4. PHOTOCOPY OF THE BUILDING PERMIT DATED 21.6.10 ISSUED BY THE 4TH RESPONDENT. EXT.P4(A). PHOTOCOPY OF THE SKETCH PLAN OF THE PROPERTY. EXT.P5. PHOTOCOPY OF THE COMMUNICATION SERVED BY THE 4TH RESPONDENT. EXT.P6. PHOTOCOPY OF THE LETTER DATED 3.9.2011 HANDED OVER TO THE FRONT OFFICE OF THE PANCHAYATH. EXT.P7. PHOTOCOPY OF THE COMMUNICATION DATED 15.9.2011 ISSUED BY THE 4TH RESPONDENT. EXT.P8. PHOTOCOPY OF THE INTERIM ORDER DATED 22.9.2011 OF THE TRIBUNAL. EXT.P9. PHOTOCOPY OF THE AFFIDAVIT AND PETITION FILED BY THE PETITIONER. EXT.P10. PHOTOCOPY OF THE COMMUNICATION DATED 03.10.2011 OF THE 4TH RESPONDENT. EXT.P11. PHOTOCOPY OF THE COMPLAINT OF THE PETITIONER ADDRESSED TO THE 5TH RESPONDENT. EXT.P12. PHOTOCOPY OF THE PROCEEDINGS OF THE 4TH RESPONDENT. EXT.P13. PHOTOCOPY OF THE ORDER DATED 12.10.2011. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 27532 of 2011 N ``````````````````````````````````````````````````````````` Dated this the 18th day of October, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioner challenges Ext.P13 prohibitory order issued by the Village Officer. This order is issued on the basis that it was noticed that the petitioner had trespassed into puramboke land situated in survey No.834/2B(1) of Kadavoor village. The main contention of the petitioner is that the said order has been issued without even giving a notice to the petitioner and saying that since long the property in question was being used as an access to the petitioner's property. 2. In my view, if that be the complaint of the petitioner, the course open to the petitioner is to file his objection to Ext.P13 and in which event, the Village Officer will decide the matter. 3. Therefore, I dispose of this writ petition, directing that it will be open to the petitioner to file his objection to W.P.(C) No.27532/2011 : 2 : Ext.P13 within seven days from today, in which event, the Village Officer will issue notice to the petitioner, hear him and pass fresh orders in the matter. Petitioner shall produce a copy of this judgment and a copy of the writ petition before the Village Officer for compliance. Sd/- (ANTONY DOMINIC, JUDGE) aks/18/10 // True Copy // P.A. To Judge