High Court Kerala High Court

The Chittoor Govt. Servants Co-Op vs Tahsildar on 25 September, 2007

Kerala High Court
The Chittoor Govt. Servants Co-Op vs Tahsildar on 25 September, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 26370 of 2007(L)


1. THE CHITTOOR GOVT. SERVANTS CO-OP.
                      ...  Petitioner

                        Vs



1. TAHSILDAR, THE CHITTOOR TALUK,
                       ...       Respondent

2. DISTRICT COLLECTOR, PALAKKAD DISTRICT,

3. ACCOUNTANT GENERAL, KERALA,

4. STATE OF KERALA REPRESENTED BY

                For Petitioner  :SRI.M.PAUL VARGHESE

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :25/09/2007

 O R D E R
                      ANTONY DOMINIC, J.
                     ===============
                  W.P.(C) NO. 26370 OF 2007
                 ====================

          Dated this the 25th day of September, 2007

                         J U D G M E N T

The petitioner was aggrieved by Ext.P9, an order issued by

the 1st respondent demanding Rs.10,22,200/- towards the

amount due under the Kerala land Conservancy Act. It is

submitted that subsequently Ext.P10 order has been issued

requiring the petitioner to remit the amount or else to vacate the

premises. It is also stated in Ext.P10 that if the petitioner does

not vacate the premises within the period, they will be forcefully

evicted. In pursuance to Ext.P10, notice has been issued under

Rule 11 and the same has been produced as Ext.P11. Ext.P10 is

an appealable order and therefore it is for the petitioner to file an

appeal to the Revenue Divisional Officer concerned and writ

petition is not the remedy.

2. In view of the above, I dispose of the writ petition

directing that the petitioner shall file an appeal before the

Appellate Authority within 2 weeks from today, and that in the

WPC 26370/07
: 2 :

meanwhile, further proceedings pursuant to Ext.P11 shall be

kept in abeyance. It is thereafter for the petitioner to obtain

appropriate interim orders from the Appellate Authority.

Writ petition is disposed of as above.

ANTONY DOMINIC, JUDGE.

Rp