IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 WP(C).No. 36403 of 2005(H) -------------------------- PETITIONER(S): --------------- 1. ALAVUDHEEN RAWTHER, S/O.ABDULKANI RAWTHER, VILAYIL KIZHAKKETHIL, MEENAM, MALOOR. 2. SASIDHARAN, S/O.GOPALAN, VAIKKATHU VEEDU, MEENAM, MALOOR. 3. MOHANAN, S/O.GOPALAN, VAIKKATHU VEEDU, MEENAM, MALOOR. BY ADV. SRI.S.MUHAMMED HANEEFF SRI.R.KRISHNAKUMAR (CHERTHALA) RESPONDENT(S): --------------- 1. THE VILLAGE OFFICER, PATTAZHI, VADAKKEKKARA VILLAGE, PATTAZHI. 2. THE ADDITIONAL TAHSILDAR, PATHANAPURAM, PUNALUR. 3. THE REVENUE DIVISIONAL OFFICER, KOLLAM. 4. THE DISTRICT COLLECTOR, KOLLAM. 5. THE COMMISSIONER, LAND REVENUE, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. SMT.SMITHA, GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.36403/2005 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE PROCEEDINGS OF THE ADDL.TAHSILDAR, PATHANAPURAM DATED 26/07/2003. P2 : COPY OF the ORDER NO.K.DIS. 5678/03/B OF the RDO, KOLLAM DATED 07/01/2005. P3 : COPY OF THE ORDER NO.L5-9285/2005 OF the DISTRICT COLLECTOR, KOLLAM DATED 24/10/2005. P4 : COPY OF THE RECOVERY NOTICE ISSUED BY THE TAHSILDAR DATED 17/12/2005. P5 : COPY OF the CERTIFICATE ISSUED BY THE PATTAZHI GRAMA PANCHAYAT DATED 28/07/2005. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ------------------------- W.P.(C) No. 36403 of 2005 --------------------------------- Dated, this the 29th day of August, 2008 J U D G M E N T Petitioners are challenging recovery proceedings for recovery of loss caused to the Government by petitioners. The allegation is that petitioners by cutting a road through their properties to the river puramboke, collected 450 m3 sand from the Kallada river and sold the same. With reference to the mahazar, learned Government Pleader submitted that the road constructed through the properties of petitioners to the river was connected through the river puramboke, through which sand has been taken out of the river. In any case, since there is no proper adjudication, this writ petition is disposed of directing 2nd respondent to adjudicate the claim and determine the liability of petitioners after issuing copy of the mahazar to petitioners and if the adjudicating authority is not the 2nd respondent, WP(C) No.36403/2005 -2- the matter will be referred to the concerned officer for adjudication, which should in any case be done within a period of three months from the date of receipt of a copy of this judgment. Interim orders granted by this Court will continue until fresh adjudication, and thereafter recovery will be as per fresh orders to be issued by the Tahsildar or concerned authority as above. (C.N.RAMACHANDRAN NAIR, JUDGE) jg