IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 WP(C).No. 23867 of 2009(C) -------------------------- PETITIONER(S): --------------- SAFIYA SUBAIR,W/O.SUBAIR, AGED 59 YEARS,RESIDING AT KOCHINGAPARAMBU, CANAL WARD,ALAPPUZHA. BY ADV. SRI.R.O.MUHAMED SHEMEEM SMT.NASEEHA BEEGUM P.S. RESPONDENT(S): --------------- 1. THE THAHASILDAR, AMBALAPUZHA TALUK, ALAPPUZHA DISTRICT. 2. THE VILLAGE OFFICER, SOUTH ARYAD, ALAPPUZHA DISTRICT. 3. THE STATE OF KERALA, REP.BY ITS SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ---------------------------------------- W.P.(C).No.23867 of 2009 ---------------------------------------- Dated this the 20th day of August, 2009. JUDGMENT The petitioner claims to be in possession and occupation of puduval land having an extent of 10.47 Ares in R.S.No.7, Block No.34 of the Aryad South Village. The petitioner claims to have effected improvements. A building has also been put up in the said property. The petitioner has also sought for assignment of the property under the Land Assignment Rules as evidenced by Exts.P9 and P10. In the meanwhile, Ext.P11 order has been passed by the Tahsildar under Section 11(3) of the Land Conservancy Act. This has been challenged by the petitioner. 2. Learned Government Pleader points out that Ext.P11 is appealable. The petitioner may prefer an appeal against Ext.P11 before the District Collector, Alappuzha, within three weeks from today. Thereupon, the appellate authority shall consider W.P.(C).No.23867/09 :: 2 :: and pass orders within two months thereafter. Enforcement of Ext.P11 shall be kept in abeyance for a period of one month from today. 3. In the meanwhile, the District Collector shall pass orders on Ext.P9, independently within two months from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. The petitioner shall produce a copy of this judgment, a copy of the writ petition along with the appeal before the District Collector, Alappuzha for compliance. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge