IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 WP(C).No. 28512 of 2008(T) -------------------------- PETITIONER(S): --------------- C. SURESH KUMAR, S/O. CHELLAPPAN PILLAI, T.C 23/1083 (OLD TC 9/183), JAWAHAR NAGAR, THIRUVANANTHAPURAM. BY ADV. SRI.M.R.ANANDAKUTTAN SMT.M.HEMALATHA SMT.SHIRMILA. C.S. SRI.MAHESH ANANDAKUTTAN RESPONDENT(S): --------------- 1. THE REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM. 2. THE TAHSILDAR, TALUK OFFICE, THIRUVANANTHAPURAM. 3. SARASWATHY AMMA, W/O. C.P. NAIR, HOUSE NO. A1, STREET NO.A, JAWAHAR NAGAR, THIRUVANANTHAPURAM. 4. C. SASIDHARAN NAIR, S/O. CHELLAPPAN PILLAI, SOUMYA, KOOTTAPPANA, NEYYATINKARA, THIRUVANANTHAPURAM. 5. C. SUKUMARAN NAIR, S/O. CHELLAPPAN PILLAI, MAYA NIVAS, ATHIYANNOOR.P.O, PATHAMKALLU, NEAR ARALUMMOODU, NEYYATTINKARA. 6. K. VASANTHA S. NAIR, W/O. SASIDHARAN NAIR, ASWATHY, TIKKAD.P.O, THIRUVANANTHAPURAM. WP(C).No. 28512 of 2008 -2- 7. KALA AJITH, W/O. AJITHKUMAR, ANUPAM, KOWDIAR.P.O, JAWAHAR NAGAR, THIRUVANANTHAPURAM. 8. RENUKA BANERJI, W/O. BANERJI, PUTHUVAL PUTHEN VEEDU, PERIMPUZHA.P.O, KUNDARA, KOLLAM DISTRICT. BY GP SMT.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).28512/2008 -------------------- Dated this the 6th day of October, 2008 JUDGMENT Petitioner claims that his father had constructed a hut in puramboke land having an extent of 1.850 cents in Sy.No.125 (Re-survey No.68) of Sasthamangalam Village in Thiruvananthapuram District about 60 years back. Petitioner and his family are residing in it. Proceedings were alleged to have been taken at the instance of the third respondent, for evicting the petitioner. Petitioner had approached this Court earlier which resulted in Ext.P1 judgment requiring the petitioner to approach the Revenue Divisional Officer. Accordingly, petitioner filed Ext.P2 appeal before the Revenue Divisional Officer. It is stated that the appeal was heard on 11.3.2008 but orders are yet to be passed thereon. Hence the writ petition. 2. Petitioner also apprehends that there can be a forcible eviction, if orders on Ext.P2 are adverse to him, without giving time to prosecute further remedies as well. W.P.(C).28512/2008 2 3. I heard learned Government Pleader also. In the facts and circumstances of the case, writ petition is disposed of directing the first respondent to pass orders on Ext.P2, if not already passed, and communicate the same to the petitioner, within a period of two months from the date of receipt of a copy of this judgment. It is made clear that if the order on Ext.P2 is adverse to the interests of the petitioner, then enforcement of the same shall be kept in abeyance for a period of four weeks from the date on which it is communicated to the petitioner. V.GIRI, Judge mrcs