IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 WP(C).No. 23585 of 2010(W) --------------------------------- PETITIONER(S): --------------- T.T.CHERIAN, THALAKKAVIL HOUSE, PERUMKULAM P.O.,EDAKKARA P.O.,NILAMBUR, MALAPPURAM BY ADV. MR.SIBY MATHEW MR.PHILIP J.VETTICKATTU MR.B.PREMNATH (E) RESPONDENT(S): --------------- 1. THE REVENUE DIVISIONAL OFFICER, PERINTHALMANNA- 679 322. 2. THE VILLAGE OFFICER, EDAKKARA, NILAMBUR, MALAPPURAM DISTRICT-679 329 3. THOMAS @ RAJU, PAMPAKANNIL, PERUMKULAM, NILAMBUR.MALAPPURAM- 679 329. ADV. MR. P.N. SANTHOSH – GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.23585 OF 2010 ------------------------------- Dated this the 28th day of July, 2010 J U D G M E N T The petitioner purchased some land by Ext.P1 sale deed. The petitioner is an absentee landlord in respect of that property. While the petitioner was away, the third respondent is alleged to have committed theft of agricultural yield from the properties. On a complaint made by the petitioner, an FIR has been registered. Allegedly in retaliation, the third respondent has blocked the pathway leading to the petitioner’s property from the main road, is the grievance of the petitioner herein. Against the blocking of the pathway, the petitioner submitted Ext.P6 complaint before the first respondent – Revenue Divisional Officer. The Revenue Divisional Officer forwarded the same to the second respondent – Village Officer for a report and to settle the matter at the Village Vikasana Samithi. Despite Ext.P7 reminder to the Revenue Divisional Officer, nothing was happened so far, is the contention raised by the petitioner in this W.P.(c)No.23585/10 2 writ petition. The petitioner, therefore, seeks the following reliefs: “i) Issue a Writ of Mandamus or appropriate writ, order or direction commanding the 1st respondent to pass final order on Ext.P6 forthwith; ii) Issue a Writ of Mandamus of appropriate writ, order or direction commanding the 2nd respondent to submit a report on Ext.P6 complaint to the 1st respondent RDO forthwith; 2. I have heard the learned Government Pleader also. In the nature of the order I propose to pass I do not think it necessary to issue notice to the third respondent. 3. Having heard the learned counsel for the petitioner and the learned Government Pleader, I dispose of this writ petition with the following directions: The Village Officer shall complete the proceedings as per the endorsement of the Revenue Divisional Officer in Ext.P6 as expeditiously as possible, at any rate, within three weeks from the date of receipt of a copy of this judgment, after hearing the petitioner and the third respondent. If the Village Officer is not able to get the matter settled, he shall forward his report to the District Collector within another one week. If the matter is not settled, the Revenue Divisional Officer shall pass final W.P.(c)No.23585/10 3 orders in the matter after affording an opportunity of being heard to the petitioner as well as the third respondent within one month thereafter. S. SIRI JAGAN, JUDGE acd W.P.(c)No.23585/10 4