IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930 WP(C).No. 18427 of 2008(R) -------------------------- PETITIONERS: -------------------- 1. SHIJUMON T.N., S/O.NARAYANAN, 29 YEARS, THEKKUMTHARA HOUSE, CHOVVARA P.O., SREEMOOLANAGARAM, ALUVA. 2. BIJU T.P., S/O.PARAMESWARAN, AGED 27 YEARS, THEKKUMTHARA HOUSE, CHOVVARA P.O., SREEMOOLANAGARAM, ALUVA. BY ADV. SRI.KRISHNADAS P. NAIR SRI.HARIDAS P.NAIR SMT.K.L.SREEKALA SRI.M.A.VINOD SRI.M.RAJESH KUMAR RESPONDENTS: --------------------- 1. THE DISTRICT COLLECTOR, CIVIL STATION, COLLECTORATE, KAKKANADU, ERNAKULAM. 2. THE TAHSILDAR, TALUK OFFICE, ALUVA. 3. THE SECRETARY, SREEMOOLANAGARAM GRAMA PANCHAYATH, SREEMOOLANAGARAM, ALUVA. 4. THE VILLAGE OFFICER, CHOVVARA VILLAGE, CHOVVARA, ALUVA. 5. STATION HOUSE OFFICER, KALADY POLICE STATION, KALADY. 6. HARI, S/O.PARAMU, ERAMATH HOUSE, CHOVVARA P.O., SREEMOOLANAGARAM, ALUVA. 7. JOBBY, S/O.PAULOSE, KALLARAKKAL HOUSE, CHOVVARA P.O., SREEMOOLANAGARAM, ALUVA. W.P.(C).No.18427/2008 2 8. REBEL, S/O.SIVAN, ERAMATH HOUSE, CHOVVARA, SREEMOOLANAGARAM, ALUVA. 9. VISWAN, S/O.KRISHNANKUTTY, VAZHAYIL HOUSE, CHOVVARA, SREEMOOLANAGARAM, ALUVA. BY GOVERNMENT PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J =================== W.P (C) .No.18427 of 2008 =================== Dated this the 19th day of June, 2008. J U D G M E N T The petitioners are aggrieved by the illegal extraction of clay from the property of respondents 6 to 9, which according to them, would adversely affect the properties of the petitioners and others residing near the said property. The petitioners therefore filed Ext.P1 representation before the Village Officer, Chowara with copies to various authorities. They seek a direction to the Village Officer to consider and pass orders on the same. The learned Government Pleader submits that the appropriate authority to deal with such representations is the jurisdictional Revenue Divisional Officer before whom the petitioners have not filed any application. 2. Having heard both sides, I dispose this writ petition with the following direction. 3. The 4th respondent shall forward Ext.P1, if the same W.P (C) .No.18427 of 2008 - 2 - has been received by him, to the jurisdictional Revenue Divisional Officer within two weeks from the date of recipt of the copy of this judgment. Thereafter, the jurisdictional Revenue Divisional Officer shall consider Ext.P1 and pass appropriate orders thereon, after affording an opportunity of being heard to the petitioners as well as respondents 6 to 9 as expeditiously as possible, at any rate, within 6 weeks from the date of receipt of Ext.P1 from the 4th respondent. The petitioner shall forward a certified copy of this judgment along with a copy of the writ petition to the 4th respondent for compliance. S.SIRI JAGAN, JUDGE rhs