IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 6001 of 2008(M)
1. N.R.RENESH, NJALUPPADY HOUSE,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE DISTRICT COLLECTOR, IDUKKI.
3. THE TAHSILDAR, UDUMBANCHOLA TALUK.
For Petitioner :SRI.C.S.MANU
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :20/02/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) 6001 of 2008
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Dated: February 20, 2008
JUDGMENT
The challenge is against Ext.P15, an order passed by the 2nd
respondent, cancelling the patta granted to the petitioner under the
Cardamom Rules of 1935 and ordering resumption of the land. In
terms of Rule 38 of the Cardamom Rules itself, an appellate remedy
is provided to the Land Revenue Commissioner. Since the statutory
remedy of appeal is available as above. I do not think it proper for
this court to examine the merits of the contentions at least at this
stage.
2. Therefore I dispose of this writ petition directing the
petitioner to pursue the statutory remedy of appeal to the Land
Revenue Commissioner. It is directed that if the petitioner files an
appeal within three weeks from today, the same will be entertained
and the appeal will be considered on merits with notice to the
WP(C) 6001/08
Page numbers
petitioner and within six weeks orders will be passed by the Land
Revenue Commissioner. I also direct that in the meanwhile all
further proceedings pursuant to Ext.P15 will be kept in abeyance.
Writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE
mt/-
