IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1208 of 2010()
1. M.SADIK, SWEET HOUSE
... Petitioner
Vs
1. GOVERNMENT OF KERALA
... Respondent
2. THE COMMISSIONER
3. THE DISTRICT COLLECTOR
4. THE TAHSILDAR,
For Petitioner :SRI.S.ABDUL RAZZAK
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.J.CHELAMESWAR
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :14/07/2010
O R D E R
J.CHELAMESWAR, C.J. & P.N.RAVINDRAN, J.
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W.A.No.1208 of 2010
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Dated this the 14th day of July, 2010
J U D G M E N T
P.N. Ravindran, J.
The appellant is the petitioner in W.P.(C) No.14380 of
2009. In the writ petition, he challenged the orders issued by
the statutory authorities under the provisions of the Kerala Land
Conservancy Act, 1957. The learned Single Judge accepted the
contentions raised by the petitioner, quashed the impugned
orders and directed Tahsildar, the competent authority, to pass
fresh orders, in the light of the observations made in the
judgment, with reference to the pleadings in the writ petition.
The learned Single Judge also directed that such revised orders
shall be passed within six months from the date of judgment,
viz., 10.6.2010. It appears that pursuant to the initial order
passed by the Tahsildar, possession of the land was taken over
by the Government. This writ appeal is filed contending that the
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2
learned Single Judge ought to have also directed restoration of
possession of the land to the petitioner.
2. When the writ appeal came up for admission
today, Sri.S.A.Razzak, the learned counsel appearing for the
appellant submitted that the appellant will be satisfied with the
judgment of the learned Single Judge, if the time limit fixed
therein is reduced from six months to three months. The
learned Government Pleader appearing for the respondents did
not oppose the said request. In such circumstances, having
regard to the fact that the dispute centers round a parcel of land,
which the Government claims is ‘poramboke land’, and the
petitioner has already been dispossessed pursuant to the orders
impugned in the writ petition, we are of the opinion that the said
prayer can be allowed.
We accordingly dispose of the writ appeal by
modifying the time limit fixed by the learned single judge and
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direct that fresh orders as directed by the learned single judge
shall be passed within three months from today.
J.CHELAMESWAR,
Chief Justice
P.N.RAVINDRAN,
Judge.
nj.