IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 1ST JULY 2008 / 10TH ASHADHA 1930 WP(C).No. 19808 of 2008(G) -------------------------- PETITIONER: --------------- 1. SMT.BINDU SURESH, HARI SREE VEEDU, THOTTUVA MURI, PALLIKKAL VILLAGE, ADOOR TALUK. 2. SRI.SURESH KUMAR, HARI SREE VEEDU, THOTTUVA MURI, PALLIKKAL VILLAGE, ADOOR TALUK. BY ADV. SRI.S.HARIKRISHNAN SRI.C.UNNIKRISHNAN (KOLLAM) RESPONDENTS: ------------------ 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REVENUE DIVISIONAL OFFICER, ADOOR. 3. THE TAHSILDAR, ADOOR. 4. SRI.N.RAMAKRISHNAN NAIR, VALIYAVEEDU, CHERUKKUNNAM MURI, ANAYADI P.O., PALLICKAL VILLAGE, ADOOR TALUK. BY GOVERNMENT PLEADER SRI. I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.19808 OF 2008 ---------------------------------------- Dated this the 1st day of July, 2008 JUDGMENT The petitioners challenge Ext.P4 order passed by the RDO under the Kerala Land Utilisation Order prohibiting the petitioners from removing sand from the petitioners' property. The petitioners' contention is that Ext.P4 has been passed without jurisdiction. The RDO gets jurisdiction to pass orders like Ext.P4 only if the conditions in Clause 6 of the Kerala Land Utilisation Order are satisfied is the contention raised. According to the petitioners, as is evident by Ext.P3, the petitioners' property was not cultivated with any food crop as stipulated in Clause 6, so as to attract action under the Kerala Land Utilisation Order. I am of opinion that these are all matters involving ascertainment of facts on evidence which can only be done by authorities under the Kerala Land Utilisation Order. The Kerala Land Utilisation Order itself provides for an appeal against Ext.P4. W.P.(c)no.19656/08 2 That being so, the petitioners' remedy lies in filing an appeal against Ext.P4. Accordingly, without prejudice to the right of the petitioners to challenge Ext.P4 in a properly constituted appeal as provided in the Kerala Land Utilisation Order, this writ petition is dismissed. If such an appeal is filed, the appellate authority shall dispose of the same expeditiously. S. SIRI JAGAN, JUDGE Acd W.P.(c)no.19656/08 3