IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 12TH AUGUST 2011 / 21ST SRAVANA 1933 WP(C).No. 20674 of 2011(H) -------------------------- PETITIONER(S): --------------- 1. MOHAN KUMAR, S/O.PRATHAPACHANDRA VARMA, ARANYA VEEDU, KOCHUKADAVANTHRA, ERNAKULAM DISTRICT. 2. VIJAYAKUMAR, S/O.VASUDEVAN PILLAI, THACHAMPARAMBIL VEEDU, PLAPPUZHA, HARIPAD, ALAPPUZHA DISTRICT. 3. AJITH KUMAR, S/O.GOVINDA PILLAI, ASWATHY, ANAPARAMBA, THALAVADY, ALAPPUZHA DISTRICT. REP. BY THEIR POWER OF ATTORNEY HOLDER SUBHASH, S/O.THANKAPPAN, POTTAKANAYIL HOUSE, KEEZHTHADIYOOR, PALA BY ADV. SRI.K.RAVIKUMAR RESPONDENT(S): --------------- THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM (APPELLATE AUTHORITY UNDER KERALA LAND CONSERVANCY ACT PIN - 695 001. BY GOVT. PLEADER SRI.SREEKRISHNA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20674 of 2011(H) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE POWER OF ATTORNEY DTD.6.6.2003 EXT.P2: COPY OF THE APPEAL DTD.11.11.2010 RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A TO JUDGE ANTONY DOMINIC, J --------------------------------------- W.P(C) No.20674 of 2011 ---------------------------------------- Dated this the 12th day of August, 2011. J U D G M E N T The petitioners state that they are the absolute owners of 55 cents of land in Survey No.527 of Chinnakanal Village, where a resort is under construction. When the work was in progress the Village Officer issued a stop memo which was called in question before the District Collector in appeal. The appeal was dismissed and thereupon the petitioners filed Ext.P2, a further appeal before the respondent. Complaining of the delay in disposal of the appeal, the writ petition is filed. 2. The learned Government Pleader points out that the issue raised in the appeal filed, comes within the definition of dispute, in Act 13/2010 and therefore Ext.P2 is a matter which has to be transferred to the Tribunal under the said Act for consideration. It is also submitted that Ext.P2 will be transferred without delay and that the Tribunal will consider the matter in accordance with law. W.P(C) No.20674 of 2011 2 3. In view of the submission so made by the learned Government Pleader, I must accept his contention that Ext.P2 raises the issues which are to be considered by the Tribunal under the aforesaid Act. 4. Therefore, I dispose of this writ petition directing that on production of a copy of this judgment, the respondent will transfer Ext.P2 appeal for consideration of the Tribunal constituted under the Act and on receipt of the above, the Tribunal shall consider the appeal with notice to the petitioners and as expeditiously as possible, at any rate within eight weeks thereafter. ANTONY DOMINIC JUDGE ab W.P(C) No.20674 of 2011 3