Ponnachi vs The Revenue Divisional Officer on 24 May, 2010

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Kerala High Court
Ponnachi vs The Revenue Divisional Officer on 24 May, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 14286 of 2009(E)


1. PONNACHI, W/O.KOMBAN,
                      ...  Petitioner

                        Vs



1. THE REVENUE DIVISIONAL OFFICER,
                       ...       Respondent

2. THE VILLAGE OFFICER,

3. GOPALAN, S/O.CHINNAN,

                For Petitioner  :SRI.JOHN JOSEPH(ROY)

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :24/05/2010

 O R D E R

THOTTATHIL B.RADHAKRISHNAN, J.

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W.P.(C).No.14286 of 2009-E

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Dated this the 24th day of May, 2010.

Judgment

Petitioner complains that the third respondent is

not obeying Ext.P6 order of the first respondent

RDO. That is a direction issued in terms of the

Kerala Land Utilisation Order which falls under

the purview of the Essential Commodities Act.

Though the third respondent does not appear in

spite of notice, the learned counsel for the

petitioner states today that after the

institution of this writ petition, the third

respondent has removed some saplings but has,

however, not restored the land in terms of Ext.P6

order. If the RDO has issued an order in the form

of Ext.P6, it is the bounden duty of that officer

and his subordinate officers, including the

second respondent, to have it enforced in terms

of law. Enforcement of orders passed under the

statutory powers is part of the guarantee of rule

WPC14286/09 -: 2 :-

of law. Under such circumstances, respondents 1

and 2 are directed to ensure that Exts.P3 and P6

are enforced in accordance with law, within a

period of three months from now. The writ

petition ordered accordingly.

THOTTATHIL B.RADHAKRISHNAN,
JUDGE.

Sha/0506

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