IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 WP(C).No. 30435 of 2009(Y) -------------------------- PETITIONER: --------------- U.M. GEORGE,S/O. MATHAI, AGED 63 UNNANAL HOUSE, POOKKOTUKAVU, SREEKRISHNAPURAM VILLAGE, KADAMBOOR P.O., THRISSUR DIST. BY ADV. SRI.JOHN NUMPELI (JUNIOR) SRI.P.V.PAULSON SRI.MUHAMMED SUHAILKHAN RESPONDENTS: --------------- 1. REVENUE DIVISIONAL OFFICER, OFFICE OF THE RDO, OTTAPALAM, PALAKKAD DISTRICT, KERALA. 2. THE VILLAGE OFFICER, SREEKRISHNAPURAM-2 VILLAGE, OTTAPALAM, PALAKKAD DIST. 3. SHRI. AJITHKUMAR, PRESIDENT, KERALA STATE KARSHAKATHOZHILALI, UNION, POOKOTTUKAVU VILLAGE COMMITTEE, SREEKRISHNAPURAM, OTTAPALAM, PALAKKAD DIST. 4. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF LAND REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.M.A.ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 30435 of 2009(Y) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1 : The sale deed No.1746/99 of the name of the petitioner EXHIBIT P2 : The complaint dtd.7/5/08 filed by the 3rd respondent before the 1st respondent. EXHIBIT P3&P3(a): Reports of the 2nd respondent dtd.23/5/08 EXHIBIT P4 : Notice dtd.4/11/08 issued by the 1st respondent to the petitioner. EXHIBIT P5 : Objections filed by the petitioner before the 1st respondent. EXHIBIT P6 : Photographs of the Eastern, Western, Southern and Northern Sides of the petitioner's property (4 Nos) EXHIBIT P7 : Order passed by the 1st respondent dtd.14/9/09. RESPONDENTS' EXHIBITS: Nil True copy P.A. to Judge T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.30435 of 2009 ------------------------------------------------ Dated this the 27th day of January, 2010 JUDGMENT This writ petition is filed challenging Exhibit P7 order passed by the Revenue Divisional Officer directing the petitioner to restore the property to its originally state. This was ordered on the allegation that the petitioner started cultivating rubber in the property which is a paddy land. The learned counsel for the petitioner submitted that the petitioner proposes to file an appeal under Clause 11 of the Kerala Land Utilisation Order before the Land Revenue Commissioner. If the petitioner file an appeal within two weeks along with a copy of the judgment the same will be entertained by the Land Revenue Commissioner and the appeal will be disposed within four months after hearing the petitioner. If an appeal as such is filed the implementation of Exhibit P9 will be kept in abeyance till final orders are passed. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj