IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 1ST JULY 2008 / 10TH ASHADHA 1930 RP.No. 695 of 2008() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.28657/2004 Dated 05/07/2007 .................... PETITIONER/NOT PARTIES IN THE W.P. : ----------------------------------------------- 1) CHERIAN K.G., S/O. LATE GEORGE, KADAMMATTU HOUSE, POOVANPARA, KONNI P.O., PATHANAMTHITTA DISTRICT. 2) M.G. PHILIPOSE, S/O. LATE. GEORGE, PUTHUVELIL HOUSE, POOVANPARA, KONNI P.O, PATHANAMTHITTA . 3) OOMMEN SAMUEL, PUTHENVILAYIL HOUSE, VAKAYAR P.O., PATHANAMTHITTA. BY ADV. SRI.V.PHILIP MATHEW RESPONDENTS: ------------------ 1. T.G. MATHEWS, NEDUVAMPIRATH HOUSE, VINOBA NAGAR, CHILAVANNUR, KADAVANTHARA P.O., KOCHI – 20. 2. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE REVENUE DIVISIONAL OFFICER, ADOOR. 4. TAHSILDAR, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. 5. TALUK SURVEYOR, KOZHENCHERRY TALUK, KOZHENCHERRY. BY GOVERNMENT PLEADER SRI. I.V. PRAMOD. THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 01/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ R.P.No.695/08 & W.P.(C)No.19604 OF 2008 ---------------------------------------- Dated this the 1st day of July, 2008 JUDGMENT In W.P.(C)No.28657/04, by judgment dated 5.7.2007 I directed the Tahsildar, Kozhencherry to identify the property of the petitioner in the writ petition for the purpose of effecting mutation. This judgment was based on Ext.P5 order of the Revenue Divisional Officer, Adoor who had directed to effect the mutation. 2. Now the petitioners in the review petition, who are also the petitioners in W.P.(C) No.19604/08 seek review of my judgment as also setting aside Ext.P5 order of the Revenue Divisional Officer. But admittedly the petitioners have filed appeal/revision before the Government which has been forwarded to the Commissioner of Land Revenue for consideration. I have allowed the writ petition only on the basis of the order of the RDO. That being so, mutation effected, pursuant to the order of the RDO and my judgment, can only be subject to orders to be R.P.695/08 & W.P.(C)No.19604/08 2 passed by the Commissioner of Land Revenue in the appeal/ revision stated to have been filed by the petitioners. That being so, I do not think that it is necessary to either review my judgment or to consider the contentions of the petitioners in W.P.(C)No. 19604/08 on merits. Suffice it to leave the parties to get their grievances agitated in the appeal/revision. Accordingly, both are disposed of making it clear that the implementation of the order of the RDO as directed in the judgment in W.P.(C)No.28657/04 would be subject to final orders to be passed by the Commissioner of Land Revenue in the appeal/revision stated to have been filed by the petitioners. The Commissioner of Land Revenue shall pass final orders in the same, if the same has been received as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment. Needless to say, the representatives of the petitioners as well as the petitioner in W.P.(C)No.28657/04 shall also be afforded an opportunity of being heard. It would be open to the petitioners and the petitioner in W.P.(C)No.28657/04 to supplement their pleadings and evidence by filing proper statements etc. S. SIRI JAGAN, JUDGE Acd R.P.695/08 & W.P.(C)No.19604/08 3