IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 25656 of 2010(F)
1. PUSHKARAN K., PANAYIL VEEDU,
... Petitioner
2. INDIRA.K., W/O.PUSHKARAN K.,
Vs
1. THE COMMISSIONER OF LAND REVENUE,
... Respondent
2. KERALA LOK AYUKTA,
3. THE DISTRICT COLLECTOR,
4. THE TAHSILDAR, LAND ASSIGNMENT,
5. VILLAGE OFFICER, PATTOM VILLAGE,
6. RAMACHANDRAN NAIR, T.C. 2/3392,
7. VALSALA, D/O.RAMACHANDRAN NAIR,
For Petitioner :SRI.K.A.JALEEL
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :13/09/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) No. 25656 of 2010 F
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Dated this the 13th day of September, 2010
J U D G M E N T
Prayer sought in this writ petition is for an expeditious
disposal of Ext.P5 appeal in which Ext.P6 stay petition is also
pending.
2. According to the petitioner, he is in possession of 8.5
cents of land of which 2.5 cents is puramboke. It is stated that
despite his long possession, by Ext.P3 order of the District
Collector, steps were ordered to be taken to assign the 2.5 cents
of land in favour of respondents 6 and 7. Against the said order,
petitioner filed Ext.P5 appeal before the first respondent, which is
pending. During the pendency of the appeal, steps were taken to
assign the land as directed in Ext.P3. It was in these
circumstances, this writ petition was filed.
3. According to the petitioner, after the filing of this writ
petition, he has also filed Ext.P6 stay petition which has been
acknowledged by the first respondent as per Ext.P6(a). The
petitioner complains that despite the pendency of Exts.P5 and P6,
since steps are being continued for assigning the land as directed
WPC.25656/2010
: 2 :
in Ext.P3, this Court should direct the respondents not to assign
the land in question.
4. Since the statutory appeal as evidenced by Ext.P5 is
pending, it is necessary that the first respondent should dispose of
the said appeal. This the first respondent shall do with notice to
the petitioner and respondents 6 and 7, as expeditiously as
possible, at any rate, within six weeks from the date of receipt of
copy of this judgment. In the meanwhile, all further proceedings
pursuant to Ext.P3 shall be kept in abeyance.
5. Petitioner shall produce copy of this judgment along
with copy of the writ petition before the first respondent for
compliance.
The writ petition is disposed of as above.
(ANTONY DOMINIC, JUDGE)
aks