IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 WP(C).No. 31353 of 2011(T) -------------------------- PETITIONER(S): --------------- MUSTHAFA,AGED 35, S/O.ALI,EDAVAZHIKKAL HOUSE,DOWN HILL, MALAPPURAM DISTRICT BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP.BY THE SECRETARY TO THE GOVT, REVENUE DEPARTMENT, GOVT.SECRETARIAT,THIRUVANANTHAPURAM 2. THE REVENUE DIVISIONAL OFFICER, PERINTHALMANNA 3. THE VILLAGE OFFICER, PANAKKAD,MALAPPURAM DISTRICT SR.GOVT.PLEADER SRI.MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.31353/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1 A TRUE COPY OF THE DOCUMENT DATED 24/1/2011 OF THE MALAPPURAM S.R.O EXT.P2 A TRUE COPY OF THE NOTICE DATED 5/9/2011 RECEIVED ON 9/11/2011 BY THE PETITIONER HEREIN EXT.P3 A TRUE COPY OF THE REQUEST OF THE PETITIONER DATED 8/11/2011 EXT.P4 A TRUE COPY OF THE REPRESENTATION OF THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 14/11/2011 //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 31353 OF 2011 ===================== Dated this the 6th day of December, 2011 J U D G M E N T Petitioner's grievance is primarily against Ext.P2 order issued by the 3rd respondent requiring the petitioner to remove the red earth dumped in 15 cents of land situated in Sy.No.492/2B2 of Panakkad Village. According to the petitioner, the property in question is not a paddy land or wet land to apply the provisions of Act 28 of 2008 and that therefore Ext.P2 is illegal. 2. According to the learned Government Pleader, who has obtained instructions in the matter submits that a report has already been prepared in respect of the land, which says that the land in question is one to which the provisions of Act 28 of 2008 are applicable. It is stated that subsequent to the report, the land in question was attempted to be filled up and it was therefore that Ext.P2 direction has been issued by the Village Officer. 3. In the nature of the allegations now raised, I feel the remedy of the petitioner is to make an application before the District Collector, the Authority designated under Act 28 of 2008. WPC No.31353/11 :2 : Therefore, I dispose of this writ petition directing that if the petitioner is aggrieved by Ext.P2, it will be open to him to move the District Collector, who thereupon will consider the grievance and pass appropriate orders in the matter. ANTONY DOMINIC, JUDGE Rp