IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 WP(C).No. 29190 of 2011(W) ----------------------------------------- PETITIONER(S): ----------------------- V.S.VISWANATHAN NAIR, S/O.KUNHIKUTTY AMMA, VAZHUTHANASSERY, 'AISWARYA', PAMPADY EAST, THIRUVILWAMALA, THRISSUR DISTRICT. BY ADV. SMT.T.D.RAJALAKSHMI, SRI.R.SREEHARI. RESPONDENT(S): --------------------------- 1. THE SECRETARY, AGRICULTURE (NCA) DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE DISTRICT COLLECTOR, CIVIL STATION, AYYANTHOLE, THRISSUR - 680 003. 3. THE TAHSILDAR, TALAPPILLY TALUK OFFICE, WADAKKANCHERRY, THRISSUR DISTRICT - PIN: 680 582. 4. AGRICULTURAL OFFICER, KRISHI BHAVAN, THIRUVILWAMALA 680 588. 5. VILLAGE OFFICER, THIRUVILWAMALA 680 588. 6. PAMPADY PADASEKHARA SAMITHY, PAMPADY WEST, THIRUVILWAMALA REPRESENTED BY ITS SECRETARY PIN: 680 597. R1 TO R5 BY SR. GOVERNMENT PLEADER SMT. M.J.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.29190/2011 W APPENDIX PETITIONER'S EXHIBITS: EXT.P-1 PHOTOGRAPH OF THE PETITIONER'S PROPERTY EVIDENCING ITS LYING. EXT.P-2 PHOTO COPY OF THE NOTICE DATED 29-10-2010 ISSUED BY THE 2ND RESPONDENT. EXT.P-3 PHOTOCOPY OF THE REPRESENTATION DT.10-11-2010 FILED BEFORE THE 2ND RESPONDENT. EXT.P-4 PHOTO COPY OF THE NOTICE DATED 9-12-2010 ISSUED BY THE SECOND RESPONDENT. EXT.P-5 PHOTO COPY OF THE ORDER NO.B3-41809/10 DT. 19-1-2011 OF THE 2ND RESPONDENT. EXT.P-6 PHOTO COPY OF THE NOTICE DATED 8-7-2011 OF THE 4TH RESPONDENT. EXT.P-7 PHOTO COPY OF JUDGEMENT IN WPC NO.20793/2011 DT.01-08-2011. EXT.P-8 PHOTO COPY OF THE REVISION PETITION FILED BEFORE THE SECRETARY, REVENUE DEPARTMENT, DT.16-8-2011. EXT.P-8(a) PHOTO COPY OF STAY PETITION DATED 16-8-2011. EXT.P-9 PHOTO COPY OF THE LETTER DT.02-09-2011 OF THE REVENUE (P) DEPARTMENT OF KERALA. RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 29190 of 2011 W ``````````````````````````````````````````````````````````` Dated this the 3rd day of November, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Aggrieved by Ext.P4 order passed by the second respondent exercising his powers under Act 28 of 2008, petitioner filed Ext.P8 revision along with an application to stay Ext.P5 order. The revision is pending and has not been heard. Meantime, petitioner apprehends coercive action for restoration of the land as mentioned in Ext.P5 order. It is in this background, the writ petition is filed. 2. Having regard to the pendency of the statutory revision evidenced by Ext.P8, any coercive action based on Ext.P5 at this stage will be premature. Therefore, I direct the first respondent to consider Ext.P8 revision with notice to the parties and as expeditiously as possible, at any rate, within three months from the date of production of a copy of this judgment. Meantime, further proceedings pursuant to W.P.(C) No.29190/2011 : 2 : Ext.P5 will be kept in abeyance. 3. Petitioner shall produce a copy of this judgment and a copy of the writ petition before respondents 1 and 2 for compliance. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/03/11 // True Copy // P.A. To Judge