This writ petition is filed seeking the following prayers: (a) Issue a writ of Mandamus or such other writ of direction commanding the respondents 1 to 4 to consider Ext.P5, P(a), P5(b), P(c) complaint respecting and ensure that the earth deposited in the paddy filed in R.S. of Aralam Village and Thalassery Taluk is removed and restore the paddy filed in original condition so as to enable the petitioner to raise paddy in her properties.
(b) Issue such other writ or direction as this Hon'ble Court deem fit in the circumstances of the case.
2. When the matter came up for admission on 06.04.2010, this Court was pleased to pass the following interim order:
“Admit. Urgent notice. In the meanwhile, there will be a direction to the District Collector to consider Ext.P5, conduct due enquiries by deputing any revenue officials and take appropriate action if the allegations raised are correct, after notice to the 5th respondent. The petitioner will produce a copy of this interim order along with copy of the writ petition before the District Collector.”
W.P.(C).No.11923 of 2010 2
3. Today, when the matter has come up for hearing, the learned counsel for the fifth respondent pointed out that the property referred to by the petitioner in the writ petition belongs to the wife of the fifth respondent and pursuant to the interim order dated 06.04.2010, an order was passed by the Revenue Divisional Officer, Thalassery against the wife of the fifth respondent, directing her to restore the property in question to its original position. The copy of the said order of the Revenue Divisional Officer dated 05.05.2010 was also made available to me. The learned counsel for the fifth respondent has also pointed out that the wife of the fifth respondent has challenged the order dated 05.05.2010 before the Government, invoking Section 28 of the Kerala Conservation of Paddy land and Wet land Act, 2008 and the same is pending before the Government.
In view of the order passed by the Revenue Divisional Officer, Thalassery, pursuant to the interim order W.P.(C).No.11923 of 2010 3 dated 06.04.2010, no further orders are called for in the writ petition. The writ petition is, accordingly, closed.
smv Sd/-
P.B.SURESH KUMAR, JUDGE