IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 37379 of 2009(N)
1. M.GEORGE ABRAHAM, AGED 59 YEARS,
... Petitioner
2. OMANA GEORGE, W/O.M.GEORGE ABRAHAM,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE DISTRICT COLLECTOR,
3. THE REVENUE DIVISIONAL OFFICER,
4. THE LOCAL LEVEL MONITORY COMMITTEE
For Petitioner :SRI.P.HARIDAS
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :03/06/2010
O R D E R
S.SIRI JAGAN, J.
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W.P.(C).No. 37379 of 2009
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Dated this the 3rd day of June, 2010
J U D G M E N T
The petitioners claim to be the owners of certain properties. The
petitioners are aggrieved by the alleged action of the Principal
Agricultural Officer, Tahsildar and Village Officer for the alleged
interference with the enjoyment of the properties of the petitioners
purportedly in exercise of powers under the Kerala Conservation of
Paddy Land and Wet Land Act. The petitioners seek the following
relief;
“Issue a writ in the nature of mandamus or any other appropriate
writ order or direction commanding the respondents not to enter into or
conduct agricultural operations in properties of petitioners covered by
Exhibit P1 directly or indirectly in exercise of powers.”
2. So far no action has been taken against the petitioners. I
have no reason to believe that the respondents would take action
without complying with the procedure prescribed under the Act. When
notice is issued in respect thereof, it is perfectly open to the petitioners
to raise their contentions in answer to the same. The competent
among the respondents can pass final orders in the matter only after
hearing the petitioners. If any adverse order is passed, the petitioners
have got an alternate remedy by way of revision before the
Government. In the above circumstances, I am not inclined to
entertain this writ petition. Therefore, leaving the petitioners to seek their
w.p.c.37379/09 2
remedies as and when an adverse order is passed, this writ petition is
dismissed. However, I direct the respondents to take further action
only after issuing a notice to the petitioners and hearing them.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge