IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 5962 of 2008(I)
1. N.S.S.KARAYOGAM NO.2147,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE DISTRICT COLLECTOR, COLLECTORATE,
3. THE REVENUE DIVISIONAL OFFICER,
4. ADDITIONAL TAHSILDAR, TALUK OFFICE,
For Petitioner :SRI.R.S.KALKURA
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :20/02/2008
O R D E R
ANTONY DOMINIC, J.
------------------------------------
W.P.(C) 5962 of 2008
-------------------------------------
Dated: February 20, 2008
JUDGMENT
Exts.P5(1) and P5(2) are the proceedings under challenge.
According to the learned Government Pleader, these proceedings
have been issued under the Kerala Land Conservancy Act. By these
the petitioner has been asked to vacate from the premises within
three days of receipt of the notice. It is challenging this, mainly
relying on the judgment of the civil court, that this writ petition has
been filed.
2. In my view, since the proceedings impugned are issued
under the Kerala Land Conservancy Act, the petitioner has a right of
appeal in terms of sec.17 thereof. Therefore, it is for the petitioner
to pursue the appellate remedy so available.
3. In order to enable the petitioner to avail of the appellate
remedy under sec.17, I direct that further proceedings pursuant to
Exts.P5(1) and P5(2) will be deferred for a period of three weeks
from today. In the meantime, it will be open to the petitioner to
pursue the appellate remedy and seek interlocutory orders
WP(C) 5962/08
Page numbers
safeguarding its interests.
4. Petitioner also prays that though proceedings No.VI-2-
31242/06 were initiated against them, they have not been issued
any order in those proceedings. If, as a matter of fact, any final
order has been passed by the District Collector in the proceedings
referred above, I also direct that the District Collector shall
communicate a copy of the order in that proceedings as well.
Writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE
mt/-