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
vaa
