IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 WP(C).No. 31865 of 2008(R) -------------------------- PETITIONER(S): --------------- 1. K.A.DEVASSYKUTTY, S/O ANTONY, KONJOORKARAYIL. KANJOOR P.O., VADAKKUMBHAGOM VILLAGE, ALUVA EKM 2. K.J.JOSE, S/O JOSEPH, KANJAMALA REGA C-5 RAINBOW GARDER, C.P.NAGAR P.O., UNICHIRA EKM. BY ADV. SRI.K.REGHU KOTTAPPURAM RESPONDENT(S): --------------- 1. THE TAHASILDAR, UDUMBACHOLA TALUK NEDUMKANDOM P.O., IDUKKI 2. THE DISTRICT COLLECTOR, IDUKKI, KUYILIMALA, IDUKKI, 3. THE COMMISSIONER & SECRETARY TO GOVT, GOVT.SECRETARIAT, REVENUE DEPT. STATE OF KERALA, TVM. BY GP SMT.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).31865/2008 -------------------- Dated this the 30th day of October, 2008 JUDGMENT Challenging Ext.P7 notice issued by the Tahsildar and styling the same as a decision which was taken by the Tahsildar, petitioners have invoked the power under Rule 17(10) of the Kerala Land Assignment (Regularization of occupation of forest land prior to 1.1.1977) Special Rules 1993, by Ext.P8 Revision Petition, submitted before the Government. Learned Government Pleader submits that Ext.P8 may not be maintainable. I am of the view that this aspect will also have to be decided by the Government in the first instance. Having regard to the facts and circumstances of the case, writ petition is disposed of directing the third respondent to consider and pass orders on Ext.P8, in accordance with law. This shall be done within two months from the date of receipt of a copy of this judgment. Third respondent shall in the W.P.(C).31865/2008 2 meanwhile, pass orders on Ext.P9 application for stay, within three weeks from the date of receipt of a copy of this judgment. V.GIRI, Judge mrcs