IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 8TH OCTOBER 2009 / 16TH ASWINA 1931 WP(C).No. 28341 of 2009(K) -------------------------- PETITIONER: ------------- SARALAMANI, W/O.PRASANNAKUMAR, PRANAVAM, VALLAMKULAM WEST, ERAVIPEROOR VILLAGE. BY ADV. SRI.R.GIREESH VARMA RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, PATHANAMTHITTA. 2. ADDITIONAL TAHSILDAR, TALUK OFFICE, THIRUVALLA. 3. VILLAGE OFFICER, ERAVIPEROOR VILLAGE OFFICE, ERAVIPEROOR. 4. THE DISTRICT SUPERINTENDENT OF SURVEY AND LAND RECORDS, OFFICE OF THE DISTRICT SUPERINTENDENT OF SURVEY AND LAND RECORDS PATHANAMTHITTA. BY SR.GOVT.PLEADER SRI.P.N.SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.28341 of 2009-K = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 8th day of October, 2009. JUDGMENT The petitioner filed a land conservancy appeal in relation to an item of property. As per Ext.P4 judgment, it was ordered that no action shall be taken against the petitioner pending that appeal. Now, the petitioner contends that the decision- making process of the Collector in the land conservancy appeal should necessarily include a proper survey of the property. For this, according to her, she has submitted Ext.P6. It is not for this court in writ jurisdiction to guide the modality in which a matter pending before the statutory authority is to be considered. If the District Collector does not decide the appeal in accordance with law by taking into consideration all relevant facts and factors, it may be open to the party aggrieved, to carry the matter for WPC28341/09 -: 2 :- further statutory reliefs elsewhere by way of revision or otherwise. It will only hamper the procedure in a statutory appeal, if this Court is now to direct the consideration of Ext.P6. Therefore, without expressing anything on merits or demerits, as also the requirement or otherwise of any survey on the basis of the survey plan before re-survey and leaving the District Collector to consider Ext.P6 also, if found necessary, this writ petition is dismissed preserving all contentions of the petitioner before the statutory authorities. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/141009