IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 WP(C).No. 28436 of 2008(I) ---------------------------------------- PETITIONER(S): ------------------------ 1. VASU, S/O. CHAMI, NARICHIRA, THEKKE DESOM VILLAGE, NALLEPPILLY, CHITTUR TALUK, PALAKKAD DISTRICT. 2. PRABHAKARAN, S/O. PUTHENVEETTIL CHAMI, NALLEPPILLY VILLAGE, NALLEPPILLY PO, CHITTUR TALUK, PALAKKAD DISTRICT. 3. INDIRA, D/O. THONIPPALLAM VEETTIL KRISHNAN, KOLAYAKKADU, PULLADIKKALAM, MANJAPRA AMSOM DESOM, ALATHUR TALUK. 4. VALSALA, W/O. THONIPPALLAM VEETTIL MUTHU, DO...DO... 5. KRISHNAN, S/O. THONIPPALLAM VEETTIL MUTHU, DO...DO... (PETITIONERS 1 AND 3 TO 5 ARE REPRESENTED BY THE POWER OF ATTORNEY HOLDER, M.KANNAN, S/O.MUTHU, THONIPPALLAM HOUSE, PULLADIKKALAM, ALATHUR TALUK, PALAKKAD DISTRICT). BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR RESPONDENT(S): ---------------------------- 1. DISTRICT COLLECTOR,PALAKKAD 2. REVENUE DIVISIONAL OFFICER, PALAKKAD. 3. TAHSILDAR, ALATHUR. 4. VILLAGE OFFICER, VANDAZHI-1 VILLAGE, PALAKKAD DT. GOVERNMENT PLEADER SMT. SUDHADEVI FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: kss WPC.NO.28436/2008 I APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER OF THE 3RD RESPONDENT TAHSILDAR DTD. 2/08/2006. EXT.P2: COPY OF THE ORDER OF THE 3RD RESPONDENT TAHSILDAR DTD. 2/08/2006. EXT.P3: COPY OF THE ORDER OF THE 3RD RESPONDENT TAHSILDAR DTD. 2/08/2006. EXT.P4: COPY OF THE ORDER OF THE 3RD RESPONDENT TAHSILDAR DTD. 2/08/2006. EXT.P5: COPY OF THE ORDER OF THE 3RD RESPONDENT TAHSILDAR DTD. 2/08/2006. EXT.P6: COPY OF THE ORDER OF THE 3RD RESPONDENT TAHSILDAR DTD. 2/08/006. EXT.P7: COPY OF THE APPEAL PETITION SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT DTD. 28/10/2006. EXT.P8: COPY OF THE REPORT OF THE 2ND RESPONDENT DTD.13/2/2008. EXT.P9: COPY OF THE INTIMATION RECEIVED FROM THE 1ST RESPONDENT DTD. 24/03/2008. EXT.P10: COPY OF THE PETITION SUBMITTED THE PETITIONERS DTD. 11/04/2008 BEFORE THE 1ST RESPONDENT. EXT.P11: COPY OF THE PETITION SUBMITTED BY PETITIONERS BEFORE THE 1ST RESPONDENT DTD. 7/05/2008. EXT.P12: COPY OF THE COMMUNICATION SENT BY THE 1ST RESPONDENT TO THE PETITIONERS DTD. 5/08/2008. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss V. GIRI, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 28436 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of November, 2008 JUDGMENT Challenging Exts.P1 to P6 passed by the 3rd respondent under the Kerala Land Revenue Act, petitioners preferred appeal, Ext.P7 under Section 9 of the said Act before the District Collector. On the RDO forwarding Ext.P8 report to the District Collector suggesting that, the dispute is to be resolved by a civil court, a communication along with the said report was issued to the petitioner under Ext.P9. Ext.P10 reply has been submitted by the petitioners urging that orders will have to be passed on the appeal preferred by them. Ext.P11 is a reminder in that behalf. 2. It is necessary that appellate authority has to pass orders on Ext.P7 either affirming the order or setting aside the same. A communication in the nature of Ext.P9 will not suffice. But, I take note of the fact that, the petitioners have not impleaded the beneficiaries of Ext.P6 in Ext.P7 appeal. Petitioners shall do so within one month from today. Thereupon, notice shall be sent to such persons from the office of the District Collector. The District Collector shall then pass orders on Ext.P7 appeal after hearing the W.P.(C)No. 28436 OF 2008 -:2:- petitioners and the beneficiaries of Ext.P6. This shall be done within four months from the date of receipt of a copy of this judgment. Writ Petition is disposed of as above. (V. GIRI, JUDGE) ttb