IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 12TH OCTOBER 2011 / 20TH ASWINA 1933 WP(C).No. 26817 of 2011(B) -------------------------------------- PETITIONER(S): ------------------------ V.K. RAMKUMAR, AGED 54 YEARS, S/O. RAVUNNI EZHUTHASSAN, KUNDUPARAMBIL HOUSE, PANAMANNA SOUTH POST, OTTAPALAM. BY ADV. SMT.T.D.RAJALAKSHMI, SRI.R. SREEHARI. RESPONDENT(S): ------------------------- 1. COMMISSIONER OF LAND REVENUE, OFFICE OF THE COMMISSIONER OF LAND REVENUE, PUBLIC OFFICE BUILDINGS, THIRUVANANTHAPURAM-695 033. 2. THE DISTRICT COLLECTOR, CIVIL STATION, PALAKKAD- 678 001. 3. THE REVENUE DIVISIONAL OFFICER, OTTAPALAM-679 101. 4. THE TAHSILDAR, OTTAPALAM TALUK OFFICE, OTTAPALAM, PIN-679 101. 5. VILLAGE OFFICER, OTTAPALAM II VILLAGE, OTTAPALAM-679 101. 6. OTTAPALAM MUNICIPALITY, OTTAPALAM, REPRESENTED BY ITS SECRETARY, PIN-679 101. R1 TO R5 BY GOVT. PLEADER MR.MOHAMMED SHAH. R6 BY ADV. MR.SAJUSH PAUL, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 26817 of 2011(B) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 PHOTO COPY OF THE CERTIFICATE DT.01.09.2004 ISSUED BY THE CIVIL SURGEON, TALUK HOSPITAL, OTTAPALAM. EXT.P2 PHOTO COPY OF THE IDENTITY CARD ISSUED BY THE DIST. WELFARE OFFICER, PALAKKAD. EXT.P3 PHOTO COPY OF THE ORDER DATED 24.11.1997 PASSED BY THE SECOND RESPONDENT. EXT.P4 PHOTO COPY OF THE RECEIPT DATED 23.2.2011 ISSUED BY THE 5TH RESPONDENT. EXT.P5 PHOTO COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DT.23.2.2011 EXT.P6 PHOTO COPY OF THE REPRESENTATION DT.12.3.2011 FILED BEFORE THE 2ND RESPONDENT. EXT.P7 PHOTO COPY OF THE JUDGMENT PASSED IN WP(C) NO.10818/2011 DATED 5.4.2011. EXT.P8 PHOTO COPY OF THE LETTER DATED 3.5.2011 RECEIVED FROM THE 2ND RESPONDENT. EXT.P9 PHOTO COPY OF THE JUDGMENT IN CONTEMPT CASE(C) NO.509/2011 DT.20.7.2011. EXT.P10 PHOTO COPY OF THE MEMORANDUM OF APPEAL DT.30.7.2011 FILED BEFORE THE IST RESPONDENT. EXT.P10(A) PHOTO COPY OF THE STAY PETITION DT.30.7.2011 FILED BEFORE THE IST RESPONDENT. EXT.P11 PHOTO COPY OF THE COMMUNICATION DT.16.8.2011 RECEIVED FROM THE IST RESPONDENT. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 26817 of 2011 B ``````````````````````````````````````````````````````````` Dated this the 12th day of October, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioner is a handicapped person and is completely blind. He was allotted a bunk shop in front of the Government Hospital, Ottapalam. He was issued Ext.P5 order, cancelling the allotment and asking him to vacate the premises. At that stage, he approached this Court by filing W.P.(C) No.10818/2011, which was disposed of by Ext.P7 judgment, directing consideration of a representation by the District Collector. According to the petitioner, in the meantime, he had cleared the arrears as well. However, by Ext.P8 notice, he was advised to file an appeal against Ext.P5 before the first respondent. Accordingly, petitioner filed Ext.P10 appeal. It is seen to have been received on file from Ext.P11. During the pendency of the appeal, he apprehends coercive action based on Ext.P5 and, therefore, this writ petition is filed. W.P.(C) No.26817/2011 : 2 : 2. Admittedly, the petitioner moved Ext.P10 appeal on being so advised as per Ext.P8. Ext.P11 also confirms the pendency of the appeal and that he will be intimated the hearing date later. In that view of the matter, I feel that it will be premature to implement Ext.P5 at this stage. Therefore, I dispose of this writ petition, directing that the first respondent shall consider Ext.P10 appeal filed by the petitioner with notice to him, as expeditiously as possible. In the meanwhile, further proceedings pursuant to Ext.P5 will be kept in abeyance. Sd/- (ANTONY DOMINIC, JUDGE) aks/12/10 // True Copy // P.A. To Judge