IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 37378 of 2008(Y)
1. SIVA PRASADAN.K., PRASADAM,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
2. THE LAND REVENUE COMMISSIONER,
3. THE DISTRICT COLLECTOR, KOLLAM.
4. THE ADDITIONAL TAHSILDAR,
5. THE VILLAGE OFFICER,
For Petitioner :SRI.B.SURESH KUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :18/12/2008
O R D E R
S.SIRI JAGAN, J.
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W.P.(C).No. 37378 of 2008
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Dated this the 18th day of December, 2008
J U D G M E N T
The petitioner is challenging Ext.P1 order of the Additional
Tahsildar, Kollam, issued under the Kerala Land Conservancy Act
and Rules, by which the petitioner has been directed to vacate
certain properties, on the ground that the petitioner is occupying
Government land. According to the petitioner, the same was
issued without notice to the petitioner in so far as the petitioner
and his wife were residing abroad during the relevant time. The
learned Government Pleader would submit that the order was
passed after issuing notice and simply because the petitioner was
abroad, he cannot say that he was not issued with a notice.
2. I am not inclined to enter into this controversy since
the petitioner has already filed Ext.P5 appeal before the 3rd
respondent-District Collector. It is upto to the 3rd respondent to
consider and pass appropriate orders thereon expeditiously.
3. The learned counsel for the petitioner expresses an
apprehension that, in the meanwhile, respondents 4 and 5 may
implement Ext.P1 order. In the above circumstances, this writ
w.p.c.37378/08 2
petition is disposed of with a direction to the 3rd respondent to
consider the question of stay of further proceedings on Ext.P1, if
a petition is filed for that purpose expeditiously. For enabling the
petitioner to move the District Collector for stay, I direct that
further coercive proceedings pursuant to Ext.P1 shall be kept in
abeyance for a period of two weeks.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge