IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 WP(C).No. 23250 of 2009(A) -------------------------- PETITIONER(S): --------------- DEVASSY, S/O.ITTIRAH, AGED 50, PADAYATTIYIL HOUSE, NAYATHODU P.O., ANGAMALY, ERNAKULAM DISTRICT. BY ADV. SRI.K.B.PRADEEP RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY, PUBLIC WORKS DEPARTMENT, GOVT. OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 3. THE EXE. ENGINEER, MINOR IRRIGATION DEPARTMENT, GOVT. OF KERALA, KAKKANADU, ERNAKULAM. 4. THE ASST. EXE. ENGINEER, MINOR IRRIGATION DEPARTMENT, GOVT. OF KERALA, KALADY, ERNAKULAM DISTRICT. BY GP SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).23250/2009 -------------------- Dated this the 14th day of August, 2009 JUDGMENT Petitioner is in possession and enjoyment of 2 cents of land near the Neduvannoor Lift Irrigation Canal, for the last several years. 4th respondent initiated proceedings against the petitioner for evicting him from the said land as evidenced by Ext.P1. He had challenged Ext.P1 before this Court. By Ext.P2 judgment, petitioner was relegated to alternate remedy under the Land Conservancy Act. Petitioner has preferred an appeal before the Executive Engineer, the 3rd respondent, as also before the 2nd respondent, the District Collector. The Executive Engineer, the 3rd respondent, has taken the view in Ext.P5 that the appeal is maintainable only before the District Collector. But in the meanwhile, the 4th respondent has required the petitioner vide Ext.P6, to surrender the building and evict the land. Hence the writ petition. 2. I heard learned Government Pleader also. W.P.(C).23250/09 2 3. District Collector, the 2nd respondent, shall consider and pass orders on Ext.P4 appeal within a period of three months from the date of receipt of a copy of this judgment. Enforcement of Ext.P1 shall be kept in abeyance till such orders are passed by the District Collector, after hearing the petitioner. Writ petition is disposed of as above. V.GIRI, Judge mrcs