Sri Ayyappa Seva Sangha vs The Land Revenue Commissioner on 20 July, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 22358 of 2007(J)


1. SRI AYYAPPA SEVA SANGHA,
                      ...  Petitioner

                        Vs



1. THE LAND REVENUE COMMISSIONER,
                       ...       Respondent

2. THE DISTRICT COLLECTOR, KASARAGOD.

3. THE ADDITIONAL TAHSILDAR, KASARAGOD.

                For Petitioner  :SRI.T.SETHUMADHAVAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :20/07/2007

 O R D E R
                            S. SIRI JAGAN, J.
                   -----------------------------------
                    W.P.(C)NO. 22358 OF 2007
                 -------------------------------------
           DATED THIS THE 20th DAY OF JULY, 2007

                               JUDGMENT

The petitioner is aggrieved by coercive proceedings for eviction

under the Kerala Land Conservancy Act pursuant to Ext.P3. The

petitioner’s contention is that the petitioner has already filed Ext.P4

appeal before the 1st respondent and therefore the eviction pending

appeal is unjustifiable.

2. I have heard the learned Government pleader also. I am

satisfied that since the petitioner has already moved the Appellate

Authority as provided under the Kerala Land Conservancy Act itself, it

is only just that the 1st respondent passes orders on Ext.P4 before

eviction of the petitioner.

3. Accordingly, I direct the 1st respondent to consider and

pass orders on Ext.P4 appeal filed by the petitioner as expeditiously as

possible, if the same has been received and is pending. Till such

disposal of the appeal, the petitioner shall not be evicted from the

property in question. The petitioner shall also be given an opportunity

of being heard.

The writ petition is disposed of as above.

S. SIRI JAGAN, JUDGE
Acd