IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 30528 of 2007(H)
1. MATHAI RAJAN, S/O.M.MATHAI,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR, PATHANAMTHITTA.
... Respondent
2. THE REVENUE DIVISIONAL OFFICER,
3. THE TAHSILDAR, ADOOR TALUK, ADOOR.
For Petitioner :SRI.T.KRISHNAN UNNI
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :16/10/2007
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) No.30528 OF 2007 H
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Dated this the 16th October, 2007
J U D G M E N T
By Ext. P2 issued under the Land Conservancy Act
the petitioner was called upon to vacate 43 sq.ms. of
land. On finding that the said portion of land is
puramboke, petitioner applied for its assignment as per
Ext. P4. It is submitted that there is a building in
the plot and it was necessary to have it assigned in
his favour for the beneficial enjoyment of the
remaining portion of the plot.
2. However, the application was rejected by Ext.
P5 order of the 3rd respondent. Petitioner submits
that, though he has a statutory remedy of appeal
available against Ext. P5, there is every likelihood of
Ext. P5 being implemented resulting in demolition of
the building itself. It is therefore that this writ
petition has been filed requesting for a breathing time
to pursue the appellate remedy that is available.
3. I have heard the learned Govt. Pleader also.
4. Now that the petitioner claims that he has been
WPC No. 30528/07 -2-
in long possession of the land with a building therein
I think, a reasonable time should be given to him for
pursuing his statutory remedy that is available.
5. Accordingly, I dispose of this writ petition
directing that the proceedings initiated against the
petitioner under Ext. P1 shall be kept in abeyance for
a period of two weeks and the petitioner, if so
advised, may pursue his appellate remedy and obtain
orders thereon.
ANTONY DOMINIC
JUDGE
jan/-