IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 4TH MAY 2010 / 14TH VAISAKHA 1932 WP(C).No. 14321 of 2010(M) -------------------------- PETITIONER(S): ------------------------ 1. C.P.SREEDHARAN, S/O.KUMARAN NAIR AGED 60 YEARS, CHEENIYAMPURATH HOUSE, P.O.CHATHALLOOR, PERAKAMANNA VILLAGE, ERNAD TALUK, MALAPPURAM DT. 2. A.P.SAUDAMINI, W/O.C.P.SREEDHARAN, AMBADI HOUSE, P.O.CHATHALLOOR, PERAKAMANNA VILLAGE, ERANAD TALUK, MALAPPURAM DT. BY ADV. SRI.K.V.PAVITHRAN SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL RESPONDENT(S): -------------------------- 1. GOVT.OF KERALA REPRESENTED BY SECRETARY TO GOVT.(REVENUE DEPARTMENT), THIRUVANANTHAPURAM. 2. REVENUE DIVISIONAL OFFICER, PERINTALMANNA, P.O. PERINTALMANNA. 3. ADDITIONAL TAHASILDAR, ERNAD TALUK, P.O.MANJERI GOVT.PLEADER SRI.M.H.HANIL KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 4/5/2010, ALONG WITH WPC NO.14322/10 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) Nos. 14321 & 14322 OF 2010 (M) ============================ Dated this the 4th day of May, 2010 J U D G M E N T Petitioners claim to be in possession of certain extents of property. Proceedings were initiated against them under the provisions of the Kerala Land Conservancy Act resulting in Ext.P2 order of eviction in WP(C) No.14322/10 and Ext.P3 order of eviction in WP(C) No.14321/10. Against these orders, the petitioners in WP(C) No.14322/10 have filed Ext.P3 appeal and the petitioners in WP(C) No.14321/10 have filed Ext.P4 appeal before the 2nd respondent , which are pending. Along with the appeals, the petitioners in WP(C) No.14321/10 have also filed Ext.P5 stay petition and the petitioners in WP(C) No.14322/10 have filed Ext.P4 stay petition which also have not been considered. In the meanwhile, they apprehend coercive action based on Ext.P2 and P3 orders and therefore the writ petitions have been filed. 2. Having regard to the fact that the appeals filed by the petitioners are statutory in nature, coercive action based on Exts.P2 and P3 orders at this stage will be premature. Therefore, the writ petitions are disposed of directing the 2nd WPC Nos. 14321 & 14322/10 :2 : respondent, the Revenue Divisional Officer to dispose of Ext.P4 appeal in WP(C) No.14321/10 and Ext.P3 appeal in WP(C) No.14322/10 with notice to the petitioners and as expeditiously as possible, at any rate within 6 weeks of production of a copy of this judgment. It is directed that in the meanwhile, further proceedings pursuant to Ext.P2 and P3 orders referred to above shall be kept in abeyance. Petitioners shall produce a copy of this judgment along with a copy of these writ petitions before the RDO for compliance. ANTONY DOMINIC, JUDGE Rp