IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 24952 of 2009(L)
1. NETTUKALATHERI GOVT.AIDED RUBBER
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. THE REVENUE DIVISIONAL OFFICER,
3. THE DISTRIACAT COLLECTOR,
4. THE TAHSILDAR, NEYYATTINKARA,
For Petitioner :SRI.KILLIYOOR P.GOPALAKRISHNAN NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :28/08/2009
O R D E R
V.GIRI, J
.......................
W.P.(C).24952/2009
.......................
Dated this the 28th day of August, 2009
JUDGMENT
Petitioner is aggrieved by Ext.P8 order passed
by the additional Tahsildar under the Land
Conservancy Act. Petitioner preferred an appeal as
Ext.P10 before the Revenue Divisional Officer who
has returned the appeal directing that if there is no
local Society in the place functioning, then the
original order should stand. Obviously there is a
complete failure on the part of the appellate authority
to exercise its jurisdiction and since the
aforementioned endorsements in Ext.P10 cannot,
under any circumstances, be treated as an appellate
order or reflective of a proper exercise of jurisdiction
by the appellate authority, there will be a direction to
the 2nd respondent to receive on file Ext.P10 and pass
an order thereon, after hearing the petitioner, within
two months from the date of receipt of a copy of this
judgment. It is made clear that if an application for
stay is filed, orders shall be passed thereon within
W.P.(C).24952/09
2
two weeks from the date of receipt of a copy of this
judgment.
Writ petition is disposed of as above.
V.GIRI,
Judge
mrcs