IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 14434 of 2009(Y)
1. M.P.PAUL, AGED 44, S/O.PAULOSE,
... Petitioner
2. SASIKALA, AGED 36, W/O PAUL,
Vs
1. THE REVENUE DIVISIONAL OFFICER,
... Respondent
2. THE VILLAGE OFFICER,
3. THE VILLAGE OFFICER,
For Petitioner :SRI.K.I.ABDUL RASHEED
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :27/05/2009
O R D E R
V.GIRI, J
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W.P.(C).14434/2009
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Dated this the 27th day of May, 2009
JUDGMENT
Petitioners who claim to be in joint possession
of 2 acres 12.25 cents of property in survey
Nos.388, 389, 390/1, 390/4 of West Chalakkudy
Village, sought for a permission from the competent
authority under the Land Utilization Order for
removing certain mud from the property to see that
the same is used as a fish pond. Under Ext.P8,
permission was granted by the RDO subject to three
conditions which included a restriction on removing
clay and mud from the property and taking it out of
the property itself. Petitioner sought for variation
of the conditions and the RDO called for a report
from the Village Officer as evidenced by Ext.P10.
Writ petition has been filed alleging delay in orders
being passed on Ext.P9 whereby the petitioners
have sought for variation of the conditions.
2. I heard learned Government Pleader also.In
W.P.(C).14434/2009
2
the result, writ petition is disposed of directing the
first respondent to pass orders on Ext.P9 in the light
of Ext.P10, within four weeks from the date of
receipt of a copy of this judgment. While passing
orders on Ext.P9, RDO shall also take into account
the fact that the petitioners have been prevented
from acting on Ext.P8 and suitably extend the
validity of the permit.
V.GIRI,
Judge
mrcs