IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930 W.P(C).No. 25823 of 2008(Y) -------------------------- PETITIONERS: ------------ 1. CHANDRAN, DIVYA BHAVANAM, KOONANKARA, CHEMBALLOOR, PERINAD, PATHANAMTHITTA DISTRICT. 2. YASODHARAN, SAWMYA BHAVAN, KOONANKARA, CHEMBALLOOR, PERINAD, PATHANAMTHITTA DISTRICT. 3. PRASAD, MINI SADANAM, KOONANKARA, CHEMBALLOOR, PERINAD, PATHANAMTHITTA DISTRICT. 4. RAMANAN, 8/920, NIKARAYIL, KOONANKARA, CHEMBALLOOR, PERINAD, PATHANAMTHITTA DISTRICT. BY ADV. SMT.SAIRA RAVIKUMAR SRI. A. ANILKUMAR RESPONDENTS: ------------ 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT ,REVENUE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER, LAND REVENUE DEPARTMENT, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, PATHANAMTHITTA. 4. THE DISTRICT FOREST OFFICER, RANNI, PATHANAMTHITTA DISTRICT. 5. DEPUTY COLLECTOR (LR), PATHANAMTHITTA. BY SRI. I.V. PRAMOD, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ================== W.P(C)No.25823 of 2008 ================== Dated this the 27th day of August, 2008. J U D G M E N T Petitioners challenge Exts.P13 and P14 notices whereby they have been directed to vacate the properties in their possession on the ground that the said properties are forest land. The petitioners contention is that Exts.P13 and P14 are pursuant to Exts. P8 to P11 orders of the Deputy Collector passed pursuant to Ext.P7 judgment of this court. Exts.P8 to P11 have not been passed in accordance with Ext.P7 judgment, in so far as by the judgment the Collector was directed to pass orders, but the orders were passed by the Deputy Collector. The petitioner further submits that against Exts.P8 to P11 orders, the petitioners have filed Ext.P12 appeal and similar appeals before the 1st respondent which are pending. According to the petitioners, it is unjust to evict them during the pendency of Ext.P12 and similar appeals. 2. I have heard the learned Government Pleader also. 3. I am of opinion that in so far as Ext.P12 and similar appeals are pending, the petitioners have to move for interim orders in those appeals themselves. Accordingly, the writ W.P(C)No.25823 of 2008 - 2 - petition is disposed of with the following directions: In the appeals stated to be pending if the petitioners move for interim orders by filing appropriate petitions, the 1st respondent shall consider and pass appropriate orders thereon expeditiously. Till disposal of the stay petitions, the petitioners shall not be forcibly evicted from the properties in question. S.SIRI JAGAN, JUDGE rhs