V.Raveendran vs The Commissioner For Land Revenue on 8 December, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 28081 of 2009(E)


1. V.RAVEENDRAN, VASANTHA BHAVAN,
                      ...  Petitioner

                        Vs



1. THE COMMISSIONER FOR LAND REVENUE,
                       ...       Respondent

2. THE REVENUE DIVISIONAL OFFICER,

3. THE OLAVANNA GRAMA PANCHAYAT,

4. BHARATHAN, S/O.LATE APPUTTY,

                For Petitioner  :SRI.K.JAJU BABU

                For Respondent  :SRI.R.SUDHISH

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :08/12/2009

 O R D E R
            THOTTATHIL B.RADHAKRISHNAN, J.
                  -------------------------------------------
                    W.P(C).No.28081 OF 2009
                  -------------------------------------------
            Dated this the 8th day of December, 2009


                              JUDGMENT

1.A piece of land, over which the third respondent claims title, is

claimed by the 4th respondent to be in his possession. He

asserts that he is the lessee of the land. Facing eviction, he

has moved revision before the Land Revenue Commissioner.

That is pending. In the mean while, the third respondent gave

to the petitioner the right to collect coconuts from the land in

question in terms of Ext.P3 agreement. This writ petition is

filed by the contractor stating that he is not being permitted to

collect coconuts. The relevant portion of the interim order

issued at the stage of admission, on 7.10.2009, is as follows:

“There will be an interim order that the secretary

of the third respondent will have the coconuts

counted and inventory prepared accordingly.

Coconuts shall thereupon be released to the

petitioner subject to further orders. The panchayat

WPC.28081/09

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will file counter affidavit since even if the 4th

respondent succeeds in the revision before the

Land Revenue Commissioner, the accounts may

have to be finally settled between the panchayat

and the 4th respondent, as the collection of coconuts

by the petitioner is in terms of the agreement

between him and the panchayat following auction”.

2.As of now, all that is required is that the Land Revenue

Commissioner concludes the revision pending at that end

within a reasonable time. The petitioner shall pay to the third

respondent the amounts for the coconuts he has collected in

terms of Ext.P3. The third respondent will settle the accounts

of the petitioner and dispose him off. With that, the third

respondent will permit the 4th respondent to collect the

coconuts on same terms as are contained in Ext.P3 regarding

rates and the final settlement between the 4th respondent and

the 3rd respondent would be governed by the decision that the

Land Revenue Commissioner would ultimately deliver on the

revision filed by the 4th respondent before that authority. It

WPC.28081/09

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will be open to the panchayat to keep the contract between the

petitioner and the panchayat under suspended animation and

to be dependent on the final outcome of the revision. The

Land Revenue Commissioner will dispose of the revision

expeditiously, at any rate, within a period of four months. The

writ petition is ordered accordingly.

Sd/-

THOTTATHIL B.RADHAKRISHNAN,
Judge.

kkb.11/12.