Vasudevan Nair.P.K. v. The Revenue Divisional Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 30TH DAY OF JUNE 2015/9TH ASHADHA, 1937 WP(C).No. 11511 of 2010 (L) ---------------------------- PETITIONER(S):

-------------------------- VASUDEVAN NAIR.P.K., S/O.GOVINDAN NAIR, AGED 63 YEARS, "SREYAS", PUTHALATH PARAMBA, NELLIKODE AMSOM AND DESOM, KOZHIKODE DISTRICT.

BY ADVS.SRI.V.T.MADHAVANUNNI SRI.V.A.SATHEESH.

RESPONDENT(S):- ---------------------------- THE REVENUE DIVISIONAL OFFICER, THE OFFICE OF RDO, CIVIL STATION, KOZHIKODE DISTRICT. BY GOVERNMENT PLEADER SRI.MANOJ P.KUNJACHAN.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C).NO.11511 OF 2010-L APPENDIX PETITIONER'S EXHIBITS:- ------------------------------------- EXT.P1 TRUE COPY OF THE COMPLAINT SENT BY THE PETITIONER TO THE RESPONDENT DATED 22.10.2009.

EXT.P2 TRUE COPY OF THE NOTICE SENT BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER DATED 23.11.2009.

EXT.P3 TRUE COPY OF THE ORDER PASSED BY RESPONDENT DATED 22.12.2009.

EXT.P4 TRUE COPY OF THE NOTICE SENT BY THE PETITIONER TO THE RESPONDENT DATED 8.1.2010 ALONG WITH ACKNOWLEDGMENT.

RESPONDENT'S EXHIBITS:- ---------------------------------------- NIL.

VKU/- [ TRUE COPY ]

K. Vinod Chandran, J ----------------------------------------- W.P.(C).No.11511 of 2010-L ----------------------------------------- Dated this the 30th day of June, 2015

JUDGMENT

The petitioner seeks for implementation of the order of the Revenue Divisional Officer dated 22.12.2009, which is produced at Exhibit P3. Exhibit P3 prohibits filling up of a particular land belonging to another. No such order can be passed in a writ petition under Article 226 of the Constitution at this point of time. The affected party is also not seen to have been impleaded, despite a specific direction from this Court. However, if the petitioner has a subsisting grievance, the petitioner could definitely approach the authorities. In such circumstance, the writ petition would stand closed. No costs. Sd/- K.Vinod Chandran Judge.

vku/- [ true copy ]