IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 32474 of 2010(H)
1. PUTHIYA NALAKATH ISMALUKUTTY @
... Petitioner
2. PUTHIYA NALAKATH BIYYUMMA,D/O.
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE BOARD OF REVENUE,
3. THE DISTRICT COLLECTOR,
4. THE REVENUE DIVISIONAL OFFICER,TIRUR,
For Petitioner :SRI,C.M.MOHAMMED IQUABAL
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :22/10/2010
O R D E R
ANTONY DOMINIC, J.
================
W.P.(C) NO. 32474 OF 2010 (H)
=====================
Dated this the 22nd day of October, 2010
J U D G M E N T
Petitioners made an application for assignment of 6 cents of
Government Puramboke land in RS No.26 and RS No.89/2 of
Neduva Amsom in Malappuram District. That application was
rejected by Ext.P3 order passed by the 3rd respondent. Against
that order, petitioners filed Ext.P5 appeal which is pending before
the 2nd respondent.
2. Meanwhile, proceedings were initiated under the
Kerala Land Conservancy Act for the eviction of the petitioners
resulting in Ext.P4 order. Against Ext.P4 order, petitioners filed
Ext.P6 revision, which is pending consideration of the 3rd
respondent. It is seeking disposal of Ext.P5 appeal and Ext.P6
revision the writ petition is filed.
3. Evidently, the proceedings under the Kerala Land
Conservancy Act are consequential to the rejection of the
petitioners’ application under the Land Assignment Act. In that
view of the matter, what is to be decided first is Ext.P5 appeal.
Therefore, I direct that the 2nd respondent, before whom Ext.P5 is
WPC No. 32474/10
:2 :
filed, shall dispose of the appeal with notice to the petitioners and
as expeditiously as possible, at any rate within 8 weeks of
production of a copy of this judgment.
4. Once the appeal is decided by the 2nd respondent as
above, the petitioners shall produce copy of the appellate order
before the 3rd respondent, who shall thereupon dispose of Ext.P6
revision at any rate within 8 weeks thereafter.
5. Petitioners shall produce a copy of this judgment along
with a copy of this writ petition before respondents 2 and 3 for
compliance.
Writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE
Rp