IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 WP(C).No. 3904 of 2011(K) ------------------------------------- PETITIONER: ------------------- O.BEERAN, S/O. KUNJAN, TELECOM MECHANIC, OVUNGAL, P.O.PADINJARANGADI, VIA. KUMARANALLOOR, PALAKKAD DISTRICT. BY ADVS. SRI.SAJU.S.A, SMT.P.A.SHEEJA. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY,DEPARTMENT OF REVENUE, THIRUVANANTHAPURAM-695 001. 2. THE DISTRICT COLLECTOR, MALAPPURAM PIN-676 505. 3. THE TAHSILDAR, TALUK OFFICE, TIRUR. PIN-676 101. 4. THE CHIEF ENGINEER (ROAD AND BRIDGES), THIRUVANANTHAPURAM-695 001. 5. THE REVENUE DIVISIONAL OFFICER, TIRUR-676 101. 6. THE EXECUTIVE ENGINEER, PWD (ROADS), MANJERI-676 121. R1 TO R6 BY GOVT. PLEADER SRI. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.3904 OF 2011(K) -------------------------------------------------- Dated this the 8th day of February, 2011 J U D G M E N T The writ petition relates to proceedings initiated by the Tahsildar under the Kerala Land Conservancy Act resulting in Ext.P7 order requiring the petitioner to vacate from the premises mentioned therein. It is seen that against Ext.P7, petitioner has filed an appeal along with Ext.P8 stay petition, which are pending before the 5th respondent. Meantime petitioner apprehends coercive action based on Ext.P7 and that lead the petitioner to file this writ petition. 2. Having regard to the fact that the appeal and stay petition are pending before the 5th respondent, I feel that any coercive action based on Ext.P7 order passed by the 3rd respondent is premature. In that view of the matter, the writ Petition is disposed of directing the 5th respondent to consider, if not the appeal filed by the petitioner, at least the stay petition filed by him, as expeditiously as possible and at any rate within 6 weeks from the date of production of a copy of the judgment along with a copy of the writ petition. In the meantime it is WPC.No. 3904/2011 :2 : directed that further proceedings pursuant to Ext.P7 will be kept in abeyance. Petitioner shall produce a copy of the judgment along with a copy of the writ petition before respondents 3 and 5 for compliance. (ANTONY DOMINIC) JUDGE vi/