IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 27TH OCTOBER 2011 / 5TH KARTHIKA 1933 WP(C).No. 28609 of 2011(A) -------------------------- PETITIONER(S): ---------------------- 1. ABDUL AZEEZ.A., AGED 45 YEARS, S/O.ABDUL KHADER KUNJU, ALAVINTE CHIRA, THULAMPARAMBU SOUTH, HARIPPAD- 690514. 2. NUJOOM.A., S/O.ABDUL KHADER KUNJU, ALAVINTE CHIRA, THULAMPARAMBU SOUTH, HARIPAD-690514. 3. SHAJI.A., S/O.ABDUL KHADER KUNJU, ALAVINTE CHIRA, THULAMPARAMBU SOUTH, HARIPPAD-690 514. 4. THAJUDEEN, S/O.ABDUL KHADER KUNJU, ALAVINTE CHIRA,THULAMPARAMBU SOUTH, HARIPPAD-690 514. BY ADVS. SRI.T.M.ABDUL LATHEEF SRI.P.J.BALACHANDRAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, THIRUVANANTHAPURAM-695001. 2. DISTRICT COLLECTOR, ALAPPUZHA-688001. 3. REVENUE DIVISIONAL OFFICER, CHENGANNOOR- 689121. 4. VILLAGE OFFICER, HARIPPAD-690514. 5. TAHSILDAR, KARTHIKAPPALLY (MAVELIKKARA)-690101. BY GOVERNMENT PLEADER MR.MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK WP(C).No. 28609 of 2011(A) ------------------------------------------ APPENDIX --------------- PETITIONER'S EXHIBITS ------------------------------------ XT.P1. COPY OF THE SALE DEED NO.628/2000 DATED 28.02.2000 EXT.P2. COPY OF PHOTOGRAPHS EXT.P3. COPY OF THE REPORT N0.H.P.D.7/2-011-12 DATED 30.04.2011 ISSUED BY THE AGRICULTURAL OFFICER, HARIPPAD BEFORE THE 3RD RESPONDENT. EXT.P4. COPY OF THE PROFORMA. EXT.PP5. COPY OF THE ORDER NO.C8.25944/2010 DATED 5.10.2011 OF THE 2ND RESPONDENT. EXT.P6. COPY OF THE MEMORANDUM OF REVISION SUBMITTED BY THE PETITIONERS BEFORE THE FIRST RESPONDENT DATED 22.10.2011. / TRUE COPY / P.A. TO JUDGE VK ANTONY DOMINIC, J. ================ W.P.(C) NO. 28609 OF 2011 ===================== Dated this the 27th day of October, 2011 J U D G M E N T Petitioners claim to be the owners of 29.60 ares of property covered by Ext.P1 sale deed. Proceedings under Act 28 of 2008 were initiated against the property in question resulting in Ext.P5 order passed by the District Collector under Section 13 of the Act. This order required the petitioners to restore the property as paddy field. Aggrieved by this order, petitioners have filed Ext.P6 revision before the 1st respondent. The said revision is pending. Meanwhile, apprehending that coercive action based on Ext.P5 will be initiated, the writ petition is filed. 2. I heard the learned counsel for the petitioners and also the learned Government Pleader appearing for the respondents. 3. Taking note of the pendency of Ext.P6, the statutory revision filed by the petitioners, I dispose of this writ petition with the following directions:- (1) That the 1st respondent before whom revision is pending, shall consider Ext.P6 with notice to the parties and as expeditiously as possible, at any rate within 3 months of WPC No. 28609/11 :2 : production of a copy of this judgment along with a copy of this writ petition. (2) Until orders are passed in the revision as above, further proceedings pursuant to Ext.P5 shall not be implemented against the petitioners. (3) However, petitioners also shall not alter the nature of the land in the meanwhile. (4) Petitioners shall produce a copy of this judgment along with a copy of the writ petition before respondents 1 and 2 for compliance. ANTONY DOMINIC, JUDGE Rp