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Judgment
Antony Dominic, J.—Review of the order dated 2nd February, 2011 vacating the interim order enabling the Petitioner to start development works in the property in question at their risk is sought for.
Learned Counsel for the Petitioners contended that Ext.P14 stop memo was issued mainly alleging violation of the provisions contained in the Kerala Land Utilisation Order and that in view of Exts. P8, P8 (a), P8 (b), P9 and P10 and the judgment of this Court in Reliance Industries v. Commissioner of Land Revenue 2007 (2) KLT 850, the provisions contained in the Kerala Land Utilisation Order are inapplicable to the land in question. Therefore, according to him, the Petitioner should be permitted to continue the development works.
However, in addition to the reasons stated in the order dated 2.2.2011 for vacating the interim order, it also needs to be noticed that by virtue of the order R.P. No. 111 of 2011 in enabling the Petitioners to continue the development works, the writ petition itself virtually stands allowed. This course of action is impermissible at the interlocutory stage and therefore I do not find any reason to allow the review petition. The review petition will stand dismissed.
Respondents will file their counter affidavit within three weeks and the writ petition will stand posted thereafter.
While the interim order dated 2.2.2011 will continue in force, it is directed that penal proceedings on the alleged violation of the Kerala Land Utilisation Order shall not be initiated against the Petitioners in the writ petition for anything they have done under the order dated 22.12.2010.