IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 WP(C).No. 34625 of 2008(V) -------------------------- PETITIONER(S): --------------- M.D.GEORGE, S/O.DAVID, MADAPPILLY HOUSE, EDATHALA.P.O, ALWAYE, ERNAKULAM DISTRICT. BY ADV. SRI.BABY KURIAKOSE SRI.P.VIJAYAKUMAR RESPONDENT(S): --------------- 1. REVENUE DIVISIONAL OFFICER, CIVIL STATION, THRISSUR. 2. THE ADDITIONAL TAHSILDAR, TALUK OFFICE, THRISSUR. BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ----------------------------- W.P.(C) NO: 34625 of 2008 ----------------------------- Dated this 26th day of November, 2008 JUDGMENT Heard Sri.Baby Kuriakose, the learned Counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2.The petitioner, aggrieved by Ext.P4 order passed by the Additional Tahasildar, Thrissur directing him to pay the royalty and fine, has filed Ext.P5 appeal before the Revenue Divisional Officer, Thrissur, along with Ext.P6 stay petition, praying for stay of further proceedings pursuant to Ext.P4 which is impugned in the appeal. The petitioner states that Ext.P5 appeal and Ext.P6 stay petition were presented on 15-7-2008 and that they were also numbered. The petitioner has filed this Writ Petition aggrieved by the delay on the part of the Revenue Divisional Officer in passing orders on the stay petition and in disposing of Ext.P5 appeal. In this Writ Petition, the petitioner prays for an expeditious disposal of Ext.P5 appeal. 3. When the writ petition came up for admission on 24-11-2008, the learned Government Pleader was directed to ascertain and submit whether Ext.P5 appeal has been received by the Revenue Divisional Officer and is still pending. When the case came up for hearing today, the learned Government Pleader was not in a position to state whether Ext.P5 appeal has been received by the Revenue Officer, wpc:34625 of 2008 2 Thrissur and is still pending. 2. Ext.P5 appeal dated 15-7-2008 bears the number No.11605/A3-08. With reference to the said number, it could easily have been ascertained whether Ext.P5 appeal has been received by the Revenue Divisional Officer. In the absence of any material to show that Ext.P5 appeal and Ext.P6 stay petition have not been received by the Additional Officer, Trissur, I proceed to dispose of the writ petition on the basis of Ext.P5 appeal Ext.P6 stay petition have been received by the Revenue Divisional Officer, Thrissur. Ext.P5 discloses that it is an appeal filed under Section 16(1)(b) of the Land Conservancy Act. Since the petitioner has invoked statutory remedy available to him, and as the appeal was filed as early as on 16-7-2008, I dispose of the writ petition with a direction to the Revenue Divisional Officer, Thrissur to consider Ext.P5 appeal and pass orders thereon, expeditiously and in any event within 3 months from the date of receipt of a copy of this judgment. The petitioner shall also be afforded an opportunity of being heard, before final orders are passed on Ext.P5. Till orders are passed as directed above, further proceedings pursuant to Ext.P4 shall be kept in abeyance. P.N.RAVINDRAN, JUDGE bps