IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 37794 of 2010(Y)
1. MANIKANDAN
... Petitioner
Vs
1. STATE OF KERALA AND OTHERS
... Respondent
For Petitioner :SRI.N.M.VARGHESE
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :20/12/2010
O R D E R
ANTONY DOMINIC, J
--------------------------------------
W.P.(C).No. 37794 OF 2010
-------------------------------------------------------------
Dated this the 20th day of December, 2010
JUDGMENT
Petitioner sought assignment of 4 cents of land in
Survey No.62/9 of Kannan Devan Hills Village. Pursuant to the
directions of this court in W.P(C) No.7377/2010, the District
Collector, 2nd respondent, considered his application and rejected
the same by Ext.P6 order dated 10.11.2010. Against that order,
petitioner filed Ext.P7 appeal, invoking Rule 22 of the Kannan
Devan Hills (Reservation and Assignment of Vested Lands) Rules.
That appeal is pending consideration of the 1st respondent. While
so, the 3rd respondent issued Ext.P8 notice invoking his powers
under the Land Conservancy Act. By this notice, petitioner has
been asked to vacate the land within 48 hours. It is challenging
Ext.P8, this writ petition is filed.
2. If as stated by the petitioner, Ext.P7 appeal filed by
him against Ext.P6 order of the 2nd respondent is pending
consideration of the 1st respondent, I feel coercive action now
initiated by Ext.P8, is premature. Therefore, at this stage, I am
W.P.(C).No. 37794 OF 2010
2
satisfied that, further action based on Ext.P8 should be kept in
abeyance till the 1st respondent takes a decision on Ext.P7.
Therefore, I dispose of this writ petition with the following
directions:-
i) That the 1st respondent shall dispose of Ext.P7 appeal
filed by the petitioner with notice to the parties concerned as
expeditiously as possible at any rate within eight weeks of
production of a copy of this judgment.
ii) In the meantime, further proceedings pursuant to
Ext.P8 notice will be kept in abeyance.
3. Petitioner to produce a copy of this judgment
along with a copy of this writ petition before the 3rd respondent for
compliance.
ANTONY DOMINIC
JUDGE
dmb