IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 WP(C).No. 28276 of 2011(H) -------------------------- PETITIONER(S): ---------------------- M.K.MANIYAPPAN, S/O.KRISHNAN, MEEMPALLIL HOUSE,ARUNOOTTIMANGALAM P.O., KOTTAYAM 686604. BY ADVS. SRI.S.SUBHASH CHAND SRI.SAJIV.C.K. RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM . 695001 2.THE DISTRITCOLLECTOR, COLLECTORATE, KOTTAYAM 686001. 3. THE TAHSILDAR, TALUK OFFICE, VAIKOM 686141. 4. THE ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, VAIKOM 686141. 5. THE ASSISTANT ENGINEER, PUBLIC WORKS DEPARTMENT, ROADS SECTION, THALAYOLAPARAMBU 686605. 6. THE TRAVANCORE DEVASWOM BOARD, OFFICEOF THE TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDING, NANDHANCODE, THIRUVANANTHAPURAM REPRESENTED BY THE SECRETARY 6095001. 7. TEMPLE ADVISORY COMMITTEE OF KEEZHOOR BHAGAVATHY TEMPLE, KEEZHOOR DEASWOM, KEEZHOOR P.O., KOTTAYAM REPRESENTED BY ITS SECRETARY 686605. 8. THE REVENUE DIVISIONALOFFICER, OFFICEOFTHE RVENUE DIVISIONAL OFFICER, PALA 686575. BY SENIOR GOVERNMENT PLEADER SMT.M.J.RAJASREE BY STANDING COUNSEL SRI.G.BIJU,TDB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 28276 of 2011(H) -------------------------------------- APPENDIX -------------- PETITIONER'S EXHIBITS ----------------------------------- EXT.P1. COPY OF THE NOTICE PUBLISHED IN CONNECTION WITH THE RTUALISTIC PROCESSION (KUMBHAKUDA THALAPPOLI PROCESSION) DATED 17.4.2002. EXT.P1(A). COPY of the NOTICE PUBLISHED IN CONNECTION WITH THE RITUALISTIC PROCESSION (KUMBHAKUDA THALAPPOLI PROCESSION) DATED 16.4.2002. EXT.P1(B). COPY of the NOTICE PUBLISHED IN CONNECTION WITH THE RITUALISTIC PROCESSION (KUMBHAKUDA THALAPPOLI PROCESSION) DATED 17.4.2002. EXT.P1(C). COPY of the NOTICE PUBLISHED IN CONNECTION WITH THE RITUALISTIC PROCESSION (KUMBHAKUDA THALAPPOLI PROCESSION) DATED 18.4.2002. EXT.P1(D). COPY of the NOTICE PUBLISHED IN CONNECTION WITH THE RITUALISTIC PROCESSION (KUMBHAKUDA THALAPPOLI PROCESSION) DATED 17.4.2002. EXT.P2. COPY OF THE ORDER DATED 14.10.2011 ISSUED BY RESPONDENT NO.5 EXT.P3. COPY OF THE REQUEST DATED 18.10.2011SUBMITTED BY RESPONDENT NO.7 BEFORE RESPONDENT NO.2 EXT.P4.COPY OF THE MASS APPEAL/REVISION SUBMITTED BY THE PETITIONER AND OTHER DVOTEES DATED 20.10.2011 BEFORE RESPONDENT NO.2 EX.P4(A) COPY of the MASS APPEAL/REVISION SUBMITTEDBY THE PETITIONER AND OTHER DEVOTEES DATED 20.10.2O11 BEFORE RESPONDENT NO.8. RESPONDENT'S EXHBITS :NIL ------------------------------------- / TRUE COPY / P.A. TO JUDGE VK ANTONY DOMINIC, J ....................................................... W.P.(C).28276/2011 .............................................. Dated this the 24th day of October, 2011 JUDGMENT The grievance raised in the writ petition pertains to Ext.P2 a notice issued by the fifth respondent requiring the petitioner to remove the 'prayer Mandir' allegedly constructed in the puramboke land. According to the petitioner, aggrieved by Ext.P2, he has already filed Exts.P4 and P4(a) before the District Collector and the RDO. These applications are not considered so far and therefore, the writ petition is filed. 2. A reading of Exts.P4 and P4(a) show that these are not appeals as contemplated but only mass representations. Therefore, these cannot be directed to be considered by the said authorities. However, fact remains that the petitioner has a remedy under the Land Conservancy Act and an appeal under Section 16 can be filed before the eighth respondent. 3. Therefore, I dispose of this writ petition with the following directions. W.P.(C).28276/11 2 It will be open to the petitioner to file an appeal against Ext.P2 before the eighth respondent, and if such an appeal is filed within ten days from today, same will be entertained and considered on merits after issuing notice to the petitioner. Subject to the filing of the appeal as above, it is directed that Ext.P2 notice will be kept in abeyance for a period of two weeks from today, so that the petitioner can seek appropriate interlocutory orders from the eight respondent. Petitioner shall produce a copy of this judgment along with a copy of the writ petition before respondents 5 and 8 for compliance. ANTONY DOMINIC, Judge mrcs