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B.Saralamani vs State Of Kerala on 8 December, 2009

Kerala High Court
B.Saralamani vs State Of Kerala on 8 December, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 34365 of 2009(M)


1. B.SARALAMANI, AGED 46 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. LAND REVENUE COMMISSIONER,

3. THE DISTRICT COLLECTOR,

4. THE DISTRICT SUPERINTENDENT OF SURVEY

5. THE ADDL. TAHSILDAR,

6. THE VILLAGE OFFICER,

7. RAJU VARGHESE,

8. OMANA RADHAKRISHNAN,

9. MEENAKSHY AMMA,

                For Petitioner  :SRI.R.SANTHOSH BABU

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :08/12/2009

 O R D E R

P.N.RAVINDRAN,J.

—————————————-
W.P.(C) No. 34365 of 2009 – M

—————————————-
Dated 8th December, 2009

Judgment

This writ petition is filed primarily seeking a direction to

the third respondent, District Collector, Pathanamthitta to issue

a copy of the order passed by him on 24.9.2009 on Ext.P4

appeal filed by the petitioner. The petitioner has also prayed

for a direction to the respondents not to proceed further with

the Land Conservancy proceedings initiated against her without

affording her an opportunity to challenge the order passed by

the District Collector in appeal.

2. After this writ petition was filed, a copy of the order

passed by the District Collector on 24.9.2009 was furnished to

the petitioner. A copy thereof is produced as Ext.P13 along with

I.A.No.15382 of 2009. It is stated that the petitioner has,

aggrieved by Ext.P13, filed a revision petition under section 16

(4) of the Kerala Land Conservancy Act before the Land

Revenue Commissioner along with Ext.P16 application seeking

stay of operation of the order impugned in the revision petition.

W.P.(C) No.34365/2009 2

The petitioner has also filed Ext.P17 application to condone the

delay in filing the revision petition.

3. When this writ petition came up for hearing today, the

learned counsel appearing for the petitioner submitted that as

a copy of the order passed by the District Collector has been

served on the petitioner and the petitioner has filed a revision

petition before the Land Revenue Commissioner along with an

application to condone the delay in filing the revision petition

and an application for stay of operation of the order, this writ

petition may be disposed of with a direction to the Land

Revenue Commissioner to pass orders on the revision petition

and the accompanying applications within a time limit to be

fixed by this Court and to stay the operation of Ext.P13 order

passed by the District Collector till such time. The learned

Government Pleader appearing for the official respondents did

not seriously oppose the said request.

4. Under section 16 (4) of the Kerala Land Conservancy

Act, the petitioner has the right to file an appeal before the

Land Revenue Commissioner. The remedy by way of appeal

should not in my opinion be rendered meaningless or illusory,

W.P.(C) No.34365/2009 3

by implementing the order appealed against before the appeal

is heard and disposed of.

I therefore dispose of this writ petition with a direction to

the Land Revenue Commissioner to consider Ext.P15 revision

petition filed by the petitioner along with Ext.P16 petition for

stay and Ext.P17 petition for condonation of delay in filing the

revision petition and to take a decision thereon expeditiously

and in any event within two months from the date of

receipt/production of a certified copy of this judgment after

notice to and affording the petitioner and the party

respondents herein namely respondents 7 to 9 a reasonable

opportunity of being heard. The contentions of both sides on

the merits are kept open. Till orders are passed on the revision

petition and for a period of two weeks thereafter, further

proceedings pursuant to Ext.P13 shall be kept in abeyance.

P.N.RAVINDRAN
Judge

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