IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 13TH MARCH 2008 / 23RD PHALGUNA 1929 WP(C).No. 8040 of 2008(F) ------------------------------- PETITIONER: --------------- JIJI MATHEW ,AGED 40 YEARS S/O.MATHEW,CHUDUKATTIL, PACHA,EDATUA,ALAPPUZHA. BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.GEORGE MATHEW RESPONDENTS: ------------------ 1. STATE OF KERALA REP BY ITS SECRETARY REVENUE,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, CIVIL STATION,ALAPPUZHA. 3. THE REVENUE DIVISIONAL OFFICER, CIVIL STATION,ALAPPUZHA. 4. TAHASILDAR, KUTTANADU, ALAPPUZHA. 5. ADDITIONAL TAHSILDAR, KUTTANADU, ALAPPUZHA. BY GOVT. PLEADER, SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 8040 OF 2008 - F = = = = = = = = = = = = = = = Dated this the 13th March, 2008 J U D G M E N T Petitioner submits that he is the owner and in possession and enjoyment of the property comprised in Block No. 30 in Re-sy. No. 562 of Thakazhi Village. It is stated that proceedings were initiated under the Kerala Land Conservancy Act leading to the issuance of Exts. P1 and P2. Following the receipt of Ext. P1 order and Ext. P2 notice, petitioner state that they have filed Appeal No. 902 of 2008 along with an application for stay. It is stated that the appeal is still pending consideration of the 3rd respondent. In the meantime, petitioner apprehends that Exts. P1 and P2 will be implemented and hence this writ petition has been filed. 2. Having regard to the fact that the petitioner has already pursued the statutory remedy of appeal available to him by filing Appeal No. 902/08 before the 3rd respondent and as the said appeal is pending consideration, I dispose of this writ petition directing the W.P.(C) No. 8040 OF 2008 - 2 - 3rd respondent to consider and pass orders on Appeal No. 902/08 with notice to the petitioner. This shall be done as expeditiously as possible, at any rate within 4 weeks of production of a copy of this judgment. In the meantime, I also direct that further proceedings pursuant to Exts. P1 and P2 will be stayed for a period 6 weeks from today. Petitioner shall produce a copy of this judgment before the 3rd respondent for compliance. ANTONY DOMINIC JUDGE jan/-