IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 7TH MARCH, 2008 / 17TH PHALGUNA, 1929 WP(C).No. 7898 of 2008(M) ------------------------------ PETITIONERS: ------------------ 1. MAHADEVA SHARMA, AGED 60 YEARS, S/O. SREEDHARAN MOOSAD, KADUVALLIL ILLOM, MATHILBHAGOM, THIRUVALLA. 2. GANAPATHI NAMBOOTHIRI, AGED 65 YEARS, KIZHAKKE POONTHOTTAM, MATHILBHAGOM, THIRUVALLA. 3. DORAI SWAMY, S/O. LATE AYYAPPAN ACHARI, MADATHIPARAMBIL HOUSE, MATHILBHAGOM, THIRUVALLA. BY ADV. SRI.B.PRAMOD SRI.GEORGE MATHEWS RESPONDENTS: ------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, PATHANAMTHITTA. 3. THE REVENUE DIVISIONAL OFFICER, PATHANAMTHITTA. 4. THE ADDITIONAL TAHSILDAR, THIRUVALLA. 5. THE SURVEY DEPUTY DIRECTOR, COLLECTORATE, PATHANAMTHITTA. WP(C) NO.7898 OF 2008 :-2-: 6. THE SURVEY DEPUTY DIRECTOR, COLLECTORATE, KANNUR. 7. THE SUPERINTENDENT OF SURVEY AND LAND RECORDS, PATHANAMTHITTA. 8. THE TRAVANCORE DEVASWOM BOARD, REP. BY ITS SECRETARY, DEVASWOM BOARD OFFICE, NANTHANCODE, THIRUVANANTHAPURAM. R1 TO R7 BY GOVT. PLEADER SRI.LAKSHMINARAYANAN. R8 BY ADV. SRI.K.N.VENUGOPALA PANICKER, SC, TDB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & V.K.MOHANAN, JJ. --------------------------------------------- W.P(C).No. 7898 of 2008 - M --------------------------------------------- Dated this the 7th day of March, 2008 J U D G M E N T Raman,J: The petitioners are faced with orders of eviction by the revenue authorities evidenced by Exts.P13 to P15 produced in the case. Though those orders in the printed forms refer to the provisions contained in the Kerala Land Reforms Act, obviously they were passed under the Kerala Land Conservancy Act. However, there are proceedings pending before this Court as evidenced by various judgments produced as Exts.P4 and P5. Further, the learned Government Pleader also submits that there was another writ petition W.P(C) No.8626 of 2007 and this Court, by order dated 15.12.2007, directed the District Collector to take proceedings under the Land Conservancy Act. It is pursuant to such direction that the present notice is issued. 2. According to the petitioners, they have already approached the civil court and filed a civil suit and also filed an interim application for injunction which is posted WP(C) NO. 7898 of 2008 :-2-: to 11.4.2008. Since the petitioners have already invoked the remedy by approaching the civil court, this Court at this stage cannot entertain this writ petition. However, the petitioners can treat the notices issued as one under the Land Conservancy Act and seek other remedies, if so advised. However, since they are threatened by the notices of eviction now issued, so as to enable the petitioners to seek remedies as opened to them under law, the proceedings pursuant to Ext.P13 to P15 shall be kept in abeyance up to 11.4.2008. It is open to the petitioners to seek advancement of the case or to expedite the orders before the civil suit if they are otherwise entitled to. 3. We also make it clear that interim stay granted by this Court shall in no way prejudice the mind of the court while deciding as to whether any interim relief should be granted to the petitioners or not, since this is a matter to be decided by the civil court, considering the materials produced in the case and after WP(C) NO. 7898 of 2008 :-3-: satisfying a prima facie case. The writ petition is dismissed with the above observation. P.R.RAMAN, Judge V.K.MOHANAN, Judge MBS/ WP(C) NO. 7898 of 2008 :-4-: P.R.RAMAN & V.K.MOHANAN, JJ. -------------------------------------------- O.P.NO. OF 2001 ------------------------------------ J U D G M E N T DATED: -2007 WP(C) NO. 7898 of 2008 :-5-: