IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 OP.No. 17945 of 2002(J) ----------------------- PETITIONER: ------------ SHEREEFA,W/O.MOHAMED,KATTIPARAMBIL VEEDU MUPPATHADAM,ALUVA. BY ADV. SRI.V.V.ASOKAN SMT.S.AMINA RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REVENUE DIVISIONAL OFFICER, FORT COCHIN. 3. THE SUB INSPECTOR OF POLICE, BINANIPURAM. BY GOVERNMENT PLEADER SMT. T.B. REMANI THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 04/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX EXT.P1-TRUE COPY OF SALE DEED DATED 23.9.87 IN FAVOUR OF THE PETITIONER. EXT.P2-TRUE COPY OF ORDER DATED 29.5.2002 OF R2 // TRUE COPY // P.S. TO JUDGE T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - O.P.NO.17945 of 2002-J - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of January, 2008. JUDGMENT The petitioner has approached this court aggrieved by Ext.P2 order passed by the Revenue Divisional Officer, Fort Kochi. The said order is one passed under the Kerala Land Utilisation Order, 1967. As per Ext.P2 order, the authority has imposed fine against the petitioner and certain others for excavation and removal of sand from the garden lands in their possession. 2. Under clause 11 of the Kerala Land Utilisation Order, any person aggrieved by an order of the District Collector may prefer an appeal within 30 days from the date of receipt of the order. There is a further provision for revision also under clause 14 of the Land Utilisation Order. In the light of the contentions raised by the petitioner in the Original Petition, the dispute calls for adjudication on various facts. 3. This court, sitting in Article 226 of the Constitution of India, will not be in a position to hold either way on such disputed questions of facts. Therefore, the petitioner will have to resort to the remedy of appeal/revision under the Land Utilisation Order, if she so chooses. Hence, if the petitioner OP 17945/2002 -2- files an appeal within six weeks from today, the appellate authority will take the appeal on file and proceed to hear the matter on merits after giving an opportunity of hearing to the petitioner and other affected parties . The appellate authority will expedite the hearing of the appeal also . With the above directions, the original petition is disposed of. (T.R. Ramachandran Nair, Judge.) kav/ OP 17945/2002 -3- T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - O.P. No.17945 of 2002-J - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 4th January, 2008.