IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 32437 of 2009(Y)
1. MA. PRASANNA KUMAR, AGED 43,
... Petitioner
2. SETHUPALAN, S/O. KRISHNAN,
Vs
1. THE REVENUE DIVISIONAL OFFICER,
... Respondent
2. THE TAHSILDAR, CHENGANNUR.
3. KUTTIAMMA KAMALAMMA,
For Petitioner :SRI.P.HARIDAS
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :12/11/2009
O R D E R
P.N.RAVINDRAN, J.
---------------------------
W.P.(C) No. 32437 OF 2009
--------------------------
Dated this the 12th day of November, 2009
J U D G M E N T
Aggrieved by Ext.P3 order passed by the Tahsildar,
Chengannur cancelling the transfer of registry effected in favour of
the Neduvaramcode Kshethra Samrakshana Samithi, the petitioners
have filed Ext.P4 appeal before the Revenue Divisional Officer,
Chengannur under Rule 18 of the Transfer of Registry Rules. Along
with Ext.P4 appeal, Ext.P4(a) stay petition was also filed seeking
stay of operation of the order impugned in the appeal. Ext.P4
appeal and Ext.P4(a) stay petition are dated 28.10.2009. The
appeal and the stay petitions were presented before the Revenue
Divisional Officer on the same day itself. In this writ petition, the
petitioners seek expeditious disposal of Ext.P4 appeal.
2. Sri. P.N.Santhosh, the learned Government Pleader
appearing for the official respondents submits that since Ext.P4
appeal has been received and is pending, the Revenue Divisional
Officer will consider Ext.P4 and pass orders thereon in accordance
with law. He also submits that the Revenue Divisional Officer will
consider the interim relief prayed for in Ext.P4(a) stay petition and
W.P.(C) No. 32437/09
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pass orders thereon. In the light of the said submission, I dispose of
this writ petition with the following directions:
(i) The Revenue Divisional Officer, Chengannur, shall consider
Ext.P4(a) stay petition and pass orders thereon after notice to and
affording the petitioners a reasonable opportunity of being heard
within one week from the date on which the petitioners produce a
certified copy of this judgment before him. In order to enable the
Revenue Divisional Officer to pass orders on Ext.P4(a) stay petition,
further proceedings pursuant to Ext.P3 shall stand stayed for a period
of 10 days from today.
(ii) The Revenue Divisional Officer, Chengannur, shall pass
final orders on Ext.P4 appeal within three months from the date on
which the petitioners produce a certified copy of this judgment before
him, after notice to and affording the petitioners a reasonable
opportunity of being heard.
P.N.RAVINDRAN, JUDGE
vps
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