IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 13TH JANUARY 2010 / 23TH POUSHA 1931 WP(C).No. 25450 of 2009(A) -------------------------- PETITIONER: --------------- M.J.VICTORIA, W/O.LATE ROYAPPAN, AGED 42 YEARS, ARAKKAPPARAMBIL HOUSE, COLONY ROAD, MUNNAR P.O., IDUKKI DISTRICT. BY MR.N.M.VARGHESE, ADVOCATE MR.ROY THOMAS, ADVOCATE RESPONDENTS: ----------------- 1. STATE OF KERALA TO BE REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, IDUKKI DISTRICT, COLLECTORATE, KUYILIMALA, IDUKKI. BY MR.P.NARAYANAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.25450 OF 2009 --------------------------------------- Dated this the 13th day of January, 2010. J U D G M E N T ] The petitioner is aggrieved by the order of eviction passed by the District Collector as per Exhibit P7. It is pointed out that the petitioner's family is residing in the plot extenting 4 cents in Survey No.912 of Kannan Devan Hills village. It is also stated that the occupation is in respect of 4 cents of property. The petitioner applied for assignment of land, which was rejected by Exhibit P7 order on the ground that the petitioner has unauthorisedly occupied the 4 cents of land. 2. Exhibit P8 is the copy of the appeal stated to have been filed by the petitioner under Rule 22 of the Kannan Devan Hills (Reservation and Assignment of Vested Lands) Rules 1977. This Court passed an interim order dated 08.09.2009 to the effect that the petitioner shall not be evicted from the property and the said interim order was being extended from time to time. W.P.(C) No.25450/2009 2 Learned Government Pleader on instructions submitted that Exhibit P8 could not be traced out. Therefore, the petitioner will refile Exhibit P8, and the 1st respondent will take a decision thereon within a period of one month from the date of receipt of a copy of this judgment, after hearing the petitioner. The petitioner will produce a copy of this judgment along with copy of the writ petition for compliance. The interim order passed by this Court will continue to be in force till orders are passed in the appeal. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp