IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 14TH FEBRUARY 2011 / 25TH MAGHA 1932 WP(C).No. 4277 of 2011(H) -------------------------------- PETITIONER(S): ------------------- MOIDEEN KOYA, AGED 57 YEARS, S/O. MOYEEN, M/S. ALFA SAW MILL, MOORIYAD, KASABA VILLAGE, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): -------------------- 1. ADDITIONAL TAHSILDAR, TALUK OFFICE KOZHIKODE - 673020. 2. VILLAGE OFFICER, KASABA VILLAGE, KOZHIKODE - 673004. 3. ASSISTANT ENGINEER, OFFICE OF THE ASSISTANT ENGINEER, E.K.CANAL SECTION, KOZHIKODE - 673020. 4. EXECUTIVE ENGINEER, IRRIGATION DIVISION, 5. DISTRICT COLLECTOR, KOZHIKODE - 673020. 6. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001. R1 TO R6 BY GOVT.PLEADER SRI.P.N.SANTHOSHKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.4277 OF 2011 -------------------------------- Dated this the 14th day of February 2011 JUDGMENT Petitioner is stated as the owner of 11 cents of land covered by Ext.P1 assignment deed. Alleging that there is encroachment of river purampoke, steps were taken by the concerned respondents, seeking the petitioner to be evicted, which made him to approach this Court by filing W.P.(C) No.5797/2010 wherein Ext.P9 judgment was passed on 24/03/2010. As borne by the said verdict, the concerned respondent was directed to pass appropriate orders after giving an opportunity of hearing to the petitioner; simultaneously making it clear that the coercive steps, if any, pursuant to Ext.P8 mentioned therein should be kept in abeyance till such time. 2. Pursuant to Ext.P9, the concerned respondent passed Ext.P11 order dated 31/12/2010 directing the petitioner to surrender the land within 5 days, which made him to approach this Court again by filing W.P.(C) No.748/2011. After considering the merits, the writ petition was disposed of, as per Ext.P12 Judgment with the following direction: W.P.(C) No. 4277/2011 - 2 - “ Petitioner's grievance is against Ext.P11 order passed by the first respondent exercising his powers under the Kerala Land Conservancy Act and directing him to vacate from the plot mentioned therein within five days of service of the order. It is stated that in the process he is deprived of his right to pursue appellate remedies and seek interlocutory orders. It is with this grievance, this writ petition has been. Going by the pleadings, the order was served on the petitioner on 06/01/2011. It is also a fact that the petitioner has a statutory appellate remedy. Therefore, it is unreasonable to implement Ext.P11 without enabling the petitioner to seek statutory appellate remedies.” 3. The learned counsel for the petitioner submits that pursuant to Ext.P12, the petitioner preferred Ext.P13 appeal along with Ext.P14 Interlocutory Application for stay before the District Collector and in due course, Ext.P15 notice of hearing was issued asking the petitioner to appear on 02/02/2011. It is stated that, though the petitioner turned up before the fifth respondent/District Collector on 02/02/2011, the Tahsildar took the law into his hand and issued Ext.P16 taking possession of the property however returning the same on kychit as evident therefrom. The learned counsel submits that the action pursued by the Tahsildar is quite illegal in all respects and seeks for immediate intervention by this Court. W.P.(C) No. 4277/2011 - 3 - 4. Heard the learned Govt. Pleader as well; who submits on instructions that the matter was heard by the Appellate Authority and that the petitioner had entered appearance through the lawyer. 5. In the above circumstance, the Writ Petition is disposed of, directing the fifth respondent to pass final orders on Ext.P13 appeal preferred by the petitioner in accordance with law and to communicate the same as expeditiously as possible, at any ratewithin one month from the receipt of a copy of this judgment. 'Status quo' will continue till such time. Writ Petition is disposed of as above. P.R.RAMACHANDRA MENON JUDGE vdv