IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 WP(C).No. 31872 of 2011(H) -------------------------------------- PETITIONER: ------------------- VARGHESE THOMAS, S/O. VARGHESE, AGED 51 YEARS, AYANTHIYIL THOMSON BUNGALOW, PUZHIKADU MURI, PANDALAM VILLAGE, ADOOR TALUK. BY ADVS. SRI.BECHU KURIAN THOMAS, SMT.TINA ALEX THOMAS. RESPONDENTS: ------------------------ 1. REVENUE DIVISIONAL OFFICER, ADOOR, PATHANAMTHITTA -689 645. 2. TAHSILDAR, TALUK OFFICE, ADOOR, PATHANAMTHITTA -689 645. 3. B.MONACHEN, S/O. BABY, VITHUR KIZHAKKEPURA, PUZHIKAD, KUDASSANAD P.O., ALAPPUZHA DISTRICT-688 011. 4. P.K.SAMUEL, S/O. KOSHY, STARLAND, PUZHIKAD, KUDASSANAD P.O., ALAPPUZHA DISTRICT-688 011. R1 & R2 BY GOVT. PLEADER SRI. P.K. SOYUZ. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/12/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.31872/2011-H: APPENDIX PETITIONER'S EXHIBITS:- EXT.P1 : TRUE COPY OF THE ORDER DTD.27.11.08 BY LAND CONSERVANCY ACT. EXT.P2 : TRUE COPY OF THE JUDGMENT DTD.27.2.2009 IN WPC NO.6500/09. EXT.P3 : TRUE COPY OF THE ORDER DTD.24.2.2011 IN IA 11915/2010 IN WPC NO.35800/2009. EXT.P4 : TRUE COPY OF THE NOTICE DTD.2.5.2011 ISSUED BY THE 1ST RESPONDENT. EXT.P5 : TRUE COPY OF THE PRELIMINARY ORDER PASSED UNDER SEC.133 OF CR.P.C. DTD.17.6.2011 IN M.C.NO.11/2011. EXT.P6 : TRUE COPY OBJECTION DTD.28.6.2011 IN M.C.NO.11/2011. EXT.P7 : TRUE COPY OF THE WITNESS SCHEDULE FILED BY THE PETITIONER. RESPONDENTS' EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 31872 of 2011 H ``````````````````````````````````````````````````````````` Dated this the 2nd day of December, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ The allegation on the basis of which this writ petition was filed is that, in the enquiry conducted by the first respondent in M.C.No.11/2011 he was proceeding with the matter without affording an opportunity to the petitioner to adduce necessary evidence. 2. In view of the allegations levelled by the petitioner, when the matter came up for admission on 30.11.2011, this case was posted to today with a direction to the learned Government Pleader to get instructions in the matter. Accordingly, learned Government Pleader has obtained instructions and submits that after the parties rendered necessary evidence, order dated 21.11.2011 has been passed by the first respondent, confirming Ext.P5 preliminary order issued under Section 133 Cr.P.C. W.P.(C) No.31872/2011 : 2 : 3. Now that such a final order has been passed, it is for the petitioner to work out his remedies against the order dated 21.11.2011. With that liberty, the writ petition is disposed of. Sd/- (ANTONY DOMINIC, JUDGE) aks/02/12 // True Copy // P.A. To Judge