High Court Kerala High Court

M.Sadik vs Government Of Kerala on 14 July, 2010

Kerala High Court
M.Sadik vs Government Of Kerala on 14 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 1208 of 2010()


1. M.SADIK, SWEET HOUSE
                      ...  Petitioner

                        Vs



1. GOVERNMENT OF KERALA
                       ...       Respondent

2. THE COMMISSIONER

3. THE DISTRICT COLLECTOR

4. THE TAHSILDAR,

                For Petitioner  :SRI.S.ABDUL RAZZAK

                For Respondent  : No Appearance

The Hon'ble the Chief Justice MR.J.CHELAMESWAR
The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :14/07/2010

 O R D E R
        J.CHELAMESWAR, C.J. & P.N.RAVINDRAN, J.

                  -------------------------------

                    W.A.No.1208 of 2010

                  -------------------------------

            Dated this the 14th day of July, 2010

                        J U D G M E N T

P.N. Ravindran, J.

The appellant is the petitioner in W.P.(C) No.14380 of

2009. In the writ petition, he challenged the orders issued by

the statutory authorities under the provisions of the Kerala Land

Conservancy Act, 1957. The learned Single Judge accepted the

contentions raised by the petitioner, quashed the impugned

orders and directed Tahsildar, the competent authority, to pass

fresh orders, in the light of the observations made in the

judgment, with reference to the pleadings in the writ petition.

The learned Single Judge also directed that such revised orders

shall be passed within six months from the date of judgment,

viz., 10.6.2010. It appears that pursuant to the initial order

passed by the Tahsildar, possession of the land was taken over

by the Government. This writ appeal is filed contending that the

W.A.No.1208/2010

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learned Single Judge ought to have also directed restoration of

possession of the land to the petitioner.

2. When the writ appeal came up for admission

today, Sri.S.A.Razzak, the learned counsel appearing for the

appellant submitted that the appellant will be satisfied with the

judgment of the learned Single Judge, if the time limit fixed

therein is reduced from six months to three months. The

learned Government Pleader appearing for the respondents did

not oppose the said request. In such circumstances, having

regard to the fact that the dispute centers round a parcel of land,

which the Government claims is ‘poramboke land’, and the

petitioner has already been dispossessed pursuant to the orders

impugned in the writ petition, we are of the opinion that the said

prayer can be allowed.

We accordingly dispose of the writ appeal by

modifying the time limit fixed by the learned single judge and

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direct that fresh orders as directed by the learned single judge

shall be passed within three months from today.

J.CHELAMESWAR,
Chief Justice

P.N.RAVINDRAN,
Judge.

nj.