IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 WP(C).No. 21143 of 2011(P) --------------------------------------- PETITIONER(S): ------------------------ CHERIAN A.PAUL, MANGALATHU HOUSE, MAMMY'S COLONY, KAWDIAR, THIRUVANANTHAPURAM-695 907. BY SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE, ADV. SRI.ANTONY C. ETTUKETTIL, SRI.MAHESH V RAMAKRISHNAN. RESPONDENT(S): -------------------------- 1. THE ADDITIONAL TAHSILDAR, (EXECUTIVE MAGISTRATE), TALUK OFFICE, THIRUVANANTHAPURAM-695 001. 2. THE VILLAGE OFFICER, THYCAUD VILLAGE, THIRUVANANTHAPURAM-695 001. 3. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. PIN-695 001. 4. THE ASSISTANT EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, THIRUVANANTHAPURAM-695 001. 5. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695 001. R1 TO R5 BY GOVT. PLEADER MR.P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 21143 of 2011(P) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE AGREEMENT EXECUTED BETWEEN THE PETITIONER AND THE MINOR IRRIGATION DEPARTMENT. EXT.P2: COPY OF THE NOTICE DATED 28/07/2011 ISSUED BY THE 1ST RESPONDENT. EXT.P3: COPY OF THE NOTICE DATED 29/07/2011 ISSUED BY THE 1ST RESPONDENT. EXT.P4: COPY OF THE STATEMENT FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P5: COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE SURVEY ADALATH ON 11/03/2009. EXT.P6: COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE SURVEY ADALATH ON 11/03/2009. EXT.P7: COPY OF THE PETITION DATED 15/07/2007 SUBMITTED BY THE PETITIONER BEFORE THE HONOURABLE MINISTER FOR REVENUE. EXT.P8: COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 06/06/2007. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE rs ANTONY DOMINIC, J --------------------------------------- W.P(C) No.21143 of 2011 ---------------------------------------- Dated this the 3rd day of August, 2011. J U D G M E N T Petitioner's main grievance is regarding Exts.P2 and P3 notices issued under the Land Conservancy Act, requiring the petitioner to vacate from 0.60 Acres of property situated in Resurvey No.24 of Block No.110 of Thycaud Village. According to the petitioner in relation to a larger extent of property including that as mentioned in Exts.P2 and P3, certain errors were committed by the authorities during the course of resurvey. According to him, he had sought rectification of those irregularities by filing Exts.P5 and P6 which are stated to be pending before the 1st respondent. It is contended that once the proceedings pursuant to Exts.P5 and P6 are settled, the issue raised in Exts.P2 and P3 will not survive for proceeding further. 2. On the aforesaid pleading, in this case the petitioner seeks a direction to the 1st respondent to pass orders on Exts.P5 and P6 and keeping further proceedings pursuant to Exts.P2 and P3 in abeyance. W.P(C) No.21143 of 2011 2 3. I heard the learned Government Pleader appearing of the respondents. 4. Now that Exts.P5 and P6 filed by the petitioner are pending before the 1st respondent where the petitioner has raised contentions regarding inaccuracy of the resurvey conducted, I dispose of this writ petition directing the 1st respondent to consider and pass orders thereon. This the 1st respondent shall do with notice to the petitioner as expeditiously as possible, at any rate within six weeks from the date of production of a copy of this judgment. 5. It is directed that until orders are passed as above, further proceedings pursuant to Exts.P2 and P3 shall be kept in abeyance. 6. Petitioner to produce a copy of this judgment before the 1st respondent for compliance. ANTONY DOMINIC JUDGE ab //True copy// P.A. to Judge. W.P(C) No.21143 of 2011 3