High Court Kerala High Court

John Mathai vs The Village Officer on 1 November, 2010

Kerala High Court
John Mathai vs The Village Officer on 1 November, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 32982 of 2010(W)


1. JOHN MATHAI,
                      ...  Petitioner

                        Vs



1. THE VILLAGE OFFICER,
                       ...       Respondent

2. THE REVENUE DIVISIONAL OFFICER,

3. THE DISTRICT COLLECTOR,

4. JOBY MATHAI,

                For Petitioner  :SRI.P.P.JACOB

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :01/11/2010

 O R D E R
                       ANTONY DOMINIC, J.
                     ================
                W.P.(C) NO. 32982 OF 2010 (W)
                =====================

           Dated this the 1st day of November, 2010

                          J U D G M E N T

In this writ petition, what is under challenge is Ext.P7, a

prohibitory order issued alleging violation of the provisions

contained in Act 28 of 2008. It is seen that subsequently for the

very same reasons, Ext.P8 show cause notice has been issued by

the District Collector, calling upon the petitioner to show cause

why action shall not be initiated. On receipt of the show cause

notice, petitioner has filed Ext.P9 application as well. It is during

the pendency of such proceedings that the petitioner has filed this

writ petition challenging Ext.P7.

2. In my view, Ext.P7 has been issued only to ensure that

further works are not carried out by the petitioner and cannot be

impugned. Having regard to the fact that subsequently show

cause notice has been issued and the petitioner has filed his

explanation to the show cause notice, at this stage, all that is

required is that the proceedings pursuant to Ext.P8 should be

finalised by the 3rd respondent.

Therefore, I dispose of this writ petition directing that on the

WPC No. 32982/10
:2 :

production of a copy of this judgment along with a copy of this

writ petition, the 3rd respondent will issue notice to the petitioner

and the 4th respondent and untramelled by the findings in Ext.P7,

finalise the proceedings pursuant to Ext.P8, as expeditiously as

possible, at any rate within 4 weeks thereafter.

ANTONY DOMINIC, JUDGE
Rp