High Court Kerala High Court

Bran Ayisha vs The Commissioner Of Land Revenue on 1 September, 2008

Kerala High Court
Bran Ayisha vs The Commissioner Of Land Revenue on 1 September, 2008
       

  

  

 
 
  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.

                    ==================

                     W.P.(C).No.26361 of 2008

                    ==================

            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


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                            P.A. to Judge

w.p.c.26361/08                3




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                              P.A. to Judge