IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 WP(C).No. 28081 of 2009(E) -------------------------------------- PETITIONER: ------------------- V.RAVEENDRAN, VASANTHA BHAVAN, KOLATHARA P.O., KOZHIKODE – 673 655. BY ADVS. MR.K.JAJU BABU, SMT.M.U.VIJAYALAKSHMI, MR.BRIJESH MOHAN, SMT.DHANYA CHANDRAN, MR.A.HAROON RASHEED. RESPONDENTS: ------------------------ 1. THE COMMISSIONER FOR LAND REVENUE, THIRUVANANTHAPURAM. 2. THE REVENUE DIVISIONAL OFFICER, KOZHIKODE. 3. THE OLAVANNA GRAMA PANCHAYAT, G.A.COLLEGE P.O., KOZHIKODE, REPRESETNED BY ITS SECRETARY. 4. BHARATHAN, S/O.LATE APPUTTY, PEEDIKAKANDY HOUSE, KOLATHARA P.O., KOZHIKODE DISTRICT. R1 & R2 BY GOVT. PLEADER MR. V. MANU, R3 BY ADVS. MR.E.NARAYANAN, MR.K.MURALEEDHARAN, R4 BY ADVS. MR.R.SUDHISH, SMT.M.MANJU, MR.P.V.KUNJIKRISHNAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/12/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.28081/2009-E: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE AUCTION NOTICE NO.A5/1001/09 DTD. 13/03/09 ISSUED BY THE R.3. EXT.P.2: COPY OF THE RECEIPT DTD. 22/04/09 ISSUED BY THE R.3. EXT.P.3: COPY OF THE AGREEMENT BETWEEN THE PETITIONER AND R.3. ON 22/04/09. EXT.P.4: COPY OF THE ORDER DTD. 18/06/09 ISSUED BY THE R.2. VIDE REF. G. 4734/08. EXT.P.5: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE R.3. DTD. 01/06/09. EXT.P.6: COPY OF THE REMINDER SUBMITTED BY THE PETITIONER BEFORE THE R.3. ON 26/06/09. EXT.P.7: COPY OF THE COMMUNICATION NO. A3-1001/09 DTD. 09/09/09 ISSUED BY THE R.3. EXT.P.8: COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE R.3. DTD. 22/09/09. EXT.P.9: COPY OF THE PROCEEDINGS DTD. 12/10/2009 OF THE R.3. EXT.P.10: COPY OF THE ORDER DTD. 30/08/2009 OF THE R.1. RESPONDENTS' EXHIBITS: EXT.R4.A: COPY OF THE ORDER DTD. 21/12/1977 OF THE DEPUTY DIRECTOR OF PANCHAYAT, KOZHIKODE. EXT.R4.B: COPY OF THE ORDER DTD. 16/02/2008 OF THE TAHSILDAR, KOZHIKODE. EXT.R4.C: COPY OF THE JUDGMENT DTD. 06/04/2009 IN W.P.(C).NO.11332/2009 OF THIS HONOURABLE COURT. EXT.R4.D: COPY OF THE ORDER OF THE RDO DTD. 18/06/2009. EXT.R4.E: COPY OF THE REPLY UNDER RIGHT TO INFORMATION ACT DTD. 08/06/2009 ISSUED BY THE R.3. EXT.R4.F: COPY OF THE NOTICE DTD. 14/05/2009 SENT BY THE RESPONDENT TO THE R.3. EXT.R4.G: COPY OF THE REPLY GIVEN BY THE VILLAGE OFFICER DTD. 03/08/2009 AS PER RIGHT TO INFORMATION ACT ALONG WITH QUESTIONNAIRE OF RESPONDENT. W.P.(C). NO.28081/2009-E: EXT.R4.H: COPY OF THE AFFIDAVIT FILED BY THE PANCHAYAT SECRETARY IN CCC.1068/2009 BEFORE THIS HONOURABLE COURT. EXT.R4.I: COPY OF THE STAY ORDER DTD. 25/09/2009 OF THE R.1. //TRUE COPY// P.A. TO JUDGE. Prv. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.28081 OF 2009 ------------------------------------------- Dated this the 8th day of December, 2009 JUDGMENT 1.A piece of land, over which the third respondent claims title, is claimed by the 4th respondent to be in his possession. He asserts that he is the lessee of the land. Facing eviction, he has moved revision before the Land Revenue Commissioner. That is pending. In the mean while, the third respondent gave to the petitioner the right to collect coconuts from the land in question in terms of Ext.P3 agreement. This writ petition is filed by the contractor stating that he is not being permitted to collect coconuts. The relevant portion of the interim order issued at the stage of admission, on 7.10.2009, is as follows: “There will be an interim order that the secretary of the third respondent will have the coconuts counted and inventory prepared accordingly. Coconuts shall thereupon be released to the petitioner subject to further orders. The panchayat WPC.28081/09 2 will file counter affidavit since even if the 4th respondent succeeds in the revision before the Land Revenue Commissioner, the accounts may have to be finally settled between the panchayat and the 4th respondent, as the collection of coconuts by the petitioner is in terms of the agreement between him and the panchayat following auction”. 2.As of now, all that is required is that the Land Revenue Commissioner concludes the revision pending at that end within a reasonable time. The petitioner shall pay to the third respondent the amounts for the coconuts he has collected in terms of Ext.P3. The third respondent will settle the accounts of the petitioner and dispose him off. With that, the third respondent will permit the 4th respondent to collect the coconuts on same terms as are contained in Ext.P3 regarding rates and the final settlement between the 4th respondent and the 3rd respondent would be governed by the decision that the Land Revenue Commissioner would ultimately deliver on the revision filed by the 4th respondent before that authority. It WPC.28081/09 3 will be open to the panchayat to keep the contract between the petitioner and the panchayat under suspended animation and to be dependent on the final outcome of the revision. The Land Revenue Commissioner will dispose of the revision expeditiously, at any rate, within a period of four months. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.11/12.