IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 37400 of 2009(T)
1. VIJAYAKUMAR, AGED 49 YEARS,
... Petitioner
2. GIRIJA, AGED 41 YEARS, W/O.VIJAYAKUMAR,
Vs
1. THE LAND REVENUE COMMISSIONER,
... Respondent
2. THE REVENUE DIVISIONAL OFFICER,
3. TAHSILDAR, THALAPPILLY TALUK,
4. NARAYANANKUTTY, PRESIDENT,
5. GOVINDANKUTTY NAIR, S/O.PARAMESWARA
6. V.KRISHNAN NAIR, S/O.LAKSHMY AMMA,
7. CHAKKIAMMA, D/O.AYYAPPAN,
8. PUSHPALATHA, D/O.AYYAPPAN,
9. SARADA, W/O.GOPINADHAN NAIR,
10. GOPAL G., S/O.GOPINATHAN NAIR,
11. HARIGOPINATHAN, S/O.GOPINATHAN NAIR,
12. RAJAGOPALAN, S/O.RAMAKRISHNAN NAIR,
13. SIVAKUMAR, S/O.AMMINIAMMA,
14. SOUDAMINI, W/O.SIVAKUMAR, KIZHOOPPADE
15. DEVADAS, S/O.KOCHAMMA,
16. PUSHPALATHA, W/O.DEVADAS,
17. SHAIK MUHAMMADALI, S/O.SHAIK BABJAN
18. RAMANKUTTY, S/O.CHAMI, THADATHIL HOUSE,
19. DEVAKI, W/O.RAMANKUTTY,
20. UNNIKRISHNAN, S/O.ACHU, MULLAKKAL HOUSE
21. PETER, S/O.PAULOSE, KOCHAMKUDIYIL HOUSE
22. RAJU NIRAPPATH, S/O.ANTONY,
For Petitioner :SRI.K.B.MOHANDAS
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :21/01/2010
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C) No.37400 OF 2009
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Dated this the 21st day of January, 2010.
J U D G M E N T
The petitioners are husband and wife. The petitioners
between themselves own and enjoy different items of properties
in various survey numbers in Pangarappilly village. According to
the petitioners, the properties are lying contiguously within the
same holding, the total extent being 1 Acre 18 cents. The above
said 118 cents and other adjoining properties were ancestral
properties of the 1st petitioner’s Tharawad during the years 1950
onwards.
2. The petitioners are aggrieved by Exhibit P11 order
passed by the Land Revenue Commissioner whereby the
Commissioner directed the Revenue Divisional Officer to restore
the property as paddy land. The allegation is that the petitioners
have cultivated the property with Rubber. The same is confined
to 1.18 Acres of the property. The proceedings were initiated by
the Tahsildar under the Kerala Land Utilization Order.
W.P.(C) No.37400/2009 2
3. Challenging Exhibit P11, the 1st petitioner has filed a
revision petition before the Government as per Exhibit P13. The
same has been produced along with I.A.No.838/2010. It is
prayed that the revision petition may be directed to be disposed
of within a time frame. It is also prayed that the Government
may be directed to consider the application for stay pending
consideration of the revision petition.
There will be a direction to the Secretary to Government,
Department of Land Revenue to consider the application for stay
(produced as Exhibit P14 here) submitted by the petitioner along
with Exhibit P13 within a period of three weeks from the date of
receipt of a copy of this judgment. Till orders are passed in the
stay petition, further action pursuant to Exhibit P11 will be kept
in abeyance. The petitioners will produce a copy of the writ
petition along with copy of this judgment for compliance.
This writ petition is disposed of as above.
T.R. RAMACHANDRAN NAIR
JUDGE
smp