IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 17111 of 2009(H)
1. PAULSON, AGED 36 YEARS,
... Petitioner
Vs
1. THE REVENUE DIVISIONAL OFFICER,
... Respondent
2. THE VILLAGE OFFICER, THOTTIPPAL VILLAGE
3. JOY MANNEMPETTA,
4. P.S. RAJESH, S/O.SREEDHARAN,
5. ASHA, W/O. RAJESH, POOTHERI HOUSE,
6. P.V. KARUNAKARAN, S/O. VELAPPAN,
For Petitioner :SRI.P.SAMSUDIN
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :26/08/2009
O R D E R
V.GIRI, J.
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W.P.(C).No.17111 of 2009
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Dated this the 26th day of August, 2009.
JUDGMENT
The petitioner claims right, title and
interest over an extent of 50 cents of paddy land,
which devolved on him on the death of his father,
who got assignment as per deed No.1102/92 of
Nellaya Registrar’s Office. According to him, his
predecessor was cultivating paddy in the land for
long years. Respondents 4 and 5 purchased an
adjacent land. It is alleged that they are doing
real estate business. They converted the paddy
land into dry land. This, the petitioner
apprehends, will affect his land. He has filed
Ext.p1 petition before the Revenue Divisional
Officer against respondents 4 and 5. The
petitioner also alleges that the attempt of
respondents 4 and 5 is to acquire the property of
the petitioner. He has moved the Civil Court and
W.P.(C).No.17111 of 2009
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Ext.P2 order of injunction has been passed.
Thereafter, the 6th respondent, father of
respondents 4 and 5, filed a complaint before the
Village Officer, Thottipal, alleging that the
petitioner is illegally converting his paddy land.
Ext.P5 stop memo was issued by the Village
Officer. This has been challenged in this writ
petition.
2. A stop memo, if at all, can only be
issued by the Revenue Divisional Officer. Ext.P5
shall, therefore, treated as a show cause notice
and the same, along with the objections of the
petitioner shall be forwarded by the Village
Officer to the Revenue Divisional Officer within
two weeks from the date of receipt of a copy of
this judgment. Thereupon, the petitioner and the
6th respondent shall be heard and final orders
shall be passed within one month by the Revenue
W.P.(C).No.17111 of 2009
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Divisional Officer. The 1st respondent Revenue
Divisional Officer shall also look into Ext.P1 and
take appropriate action, after notice to the
affected parties, within two months from the date
of receipt of a copy of this judgment.
Writ petition is disposed of as above.
Sd/-
(V.GIRI)
JUDGE
sk/
//true copy//
P.S. to Judge