IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 26361 of 2008(L)
1. BRAN AYISHA
... Petitioner
Vs
1. THE COMMISSIONER OF LAND REVENUE, TVM.
... Respondent
For Petitioner :SRI.M.SASINDRAN
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :01/09/2008
O R D E R
S.SIRI JAGAN, J.
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W.P.(C).No.26361 of 2008
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Dated this the 1st day of September, 2008
J U D G M E N T
Proceedings under the Kerala Land Conservancy Act have
been initiated against the petitioner on the ground that certain
properties occupied by the petitioner are Government land. She
has been further directed to demolish a portion of the building in
that property. Ext.P4 is the order passed by the Sub Collector in
this regard. Against Ext.P4 order, the petitioner has filed Ext.P5
revision petition along with Ext.P6 petition for stay before the
Commissioner of Land Revenue. The petitioner’s grievance is that
while the revision petition and stay petition are pending, by
Ext.P7 intimation, coercive proceedings are being initiated for
demolition of the petitioner’s building. The petitioner submits that
it is unjust to initiate proceedings while Ext.P5 revision petition
and Ext.P6 stay petition are pending.
2. I have heard the learned Government Pleader also.
3. I am of opinion that before initiating coercive
proceedings pursuant to Ext.P4, the 1st respondent should pass
w.p.c.26361/08 2
orders on Ext.P6 stay petition filed by the petitioner along with
Ext.P5 revision petition. Accordingly, this writ petition is
disposed of with a direction to the 1st respondent to consider and
pass orders on Ext.P6 stay petition as expeditiously as possible.
Till orders are thus passed, further proceedings pursuant to
Ext.P4 shall be kept in abeyance.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy/// .
P.A. to Judge
w.p.c.26361/08 3
///True copy///
P.A. to Judge