IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 12TH JANUARY 2010 / 22TH POUSHA 1931 WP(C).No. 1011 of 2010(B) ------------------------- PETITIONER(S): --------------- P.P.ABDUL RAHMAN, SON OF LATE UMMER KUTTY HAJI, AGED 58 YEARS, BUSINESS, RESIDING AT CHIRAKKAL AMSOM, PUZHAHI DESOM, KANNUR TALUK AND DISTRICT. BY ADV. SRI.V.V.ASOKAN SMT.RUKHIYABI MOHAMMED KUNHI RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, NATIONAL HIGHWAY DIVISION, CIVIL STATION, KANNUR. 3. THE REVENUE DIVISIONAL OFFICER, THALASSERY, KANNUR DISTRICT. SENIOR GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. --------------------------------------------- W.P.(C) NO. 1011 OF 2010 --------------------------------------------- Dated this the 12th day of January, 2010 JUDGMENT The petitioner is aggrieved by Ext.P1 notice issued under Section 12 of the Kerala Land Conservancy Act, 1957 and other orders issued thereon. Ext.P3 proceedings have been finally issued by the Assistant Executive Engineer whereby the petitioner was directed to remove the encroachment made in respect of the item of property in RS.No.36, Chirakkal village within 15 days of receipt of the order. It is also stated therein that if the encroachment is not removed, the Department will remove the same without further notice. 2. The case of the petitioner is that the property is protected by a compound wall constructed long prior to the issuance of the notice and there is sufficient road margin there. 3. Challenging Ext.P3 proceedings, the petitioner filed Ext.P4 appeal before the Revenue Divisional Officer namely the third respondent herein. He also filed Ext.P5 stay petition along with Ext.P4 appeal. The W.P.(C) NO.1011 of 2010 2 complaint raised by the petitioner is that no orders have been passed on the stay petition. Hence, there will be a direction to the second respondent to take a decision on Ext.P5 stay petition, if the same has been received, within a period of ten days from the date of receipt of a copy of this judgment. Status quo as on today shall be maintained till orders are passed on Ext.P5. The Writ Petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) spc W.P.(C) NO.1011 of 2010 3