High Court Kerala High Court

N.S.S.Karayogam No.2147 vs State Of Kerala on 20 February, 2008

Kerala High Court
N.S.S.Karayogam No.2147 vs State Of Kerala on 20 February, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 5962 of 2008(I)


1. N.S.S.KARAYOGAM NO.2147,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. THE DISTRICT COLLECTOR, COLLECTORATE,

3. THE REVENUE DIVISIONAL OFFICER,

4. ADDITIONAL TAHSILDAR, TALUK OFFICE,

                For Petitioner  :SRI.R.S.KALKURA

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :20/02/2008

 O R D E R
                                ANTONY DOMINIC, J.

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

                              W.P.(C) 5962  of  2008

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

                            Dated: February 20, 2008



                                      JUDGMENT

Exts.P5(1) and P5(2) are the proceedings under challenge.

According to the learned Government Pleader, these proceedings

have been issued under the Kerala Land Conservancy Act. By these

the petitioner has been asked to vacate from the premises within

three days of receipt of the notice. It is challenging this, mainly

relying on the judgment of the civil court, that this writ petition has

been filed.

2. In my view, since the proceedings impugned are issued

under the Kerala Land Conservancy Act, the petitioner has a right of

appeal in terms of sec.17 thereof. Therefore, it is for the petitioner

to pursue the appellate remedy so available.

3. In order to enable the petitioner to avail of the appellate

remedy under sec.17, I direct that further proceedings pursuant to

Exts.P5(1) and P5(2) will be deferred for a period of three weeks

from today. In the meantime, it will be open to the petitioner to

pursue the appellate remedy and seek interlocutory orders

WP(C) 5962/08

Page numbers

safeguarding its interests.

4. Petitioner also prays that though proceedings No.VI-2-

31242/06 were initiated against them, they have not been issued

any order in those proceedings. If, as a matter of fact, any final

order has been passed by the District Collector in the proceedings

referred above, I also direct that the District Collector shall

communicate a copy of the order in that proceedings as well.

Writ petition is disposed of as above.

ANTONY DOMINIC, JUDGE

mt/-