IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933 WA.No. 1393 of 2011 --------------------- AGAINST THE JUDGEMENT IN WPC.22891/2011 Dated 23/08/2011 .................... APPELLANT/PETITIONER: --------------------------- ROSAMMA MATHEW @ ROSILI KARTHA, AGED 56 YEARS, W/O.LATE P.NARAYANA KARTHA, H.NO.5/46, THANDADIYIL HOUSE, SECOND MILE, PALLIVASAL P.O., VIA MUNNAR, IDUKKI DISTRICT. BY ADV. SRI.A.X.VARGHESE SRI.A.V.JOJO RESPONDENTS/RESPONDENTS: ----------------------------------- 1. STATE OF KERALA, REP. BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE TAHSILDAR, TALUK OFFICE, DEVIKULAM-685 606. 3. THE ADDITIONAL TAHSILDAR, TALUK OFFICE, DEVIKULAM-685 606. 4. THE SECRETARY, PALLIVASAL GRAMA PANCHAYAT, PALLIVASAL P.O., IDUKKI DISTRICT-685 723. R1 TO R3 BY SENIO GOVT. PLEADER, SRI.BEENY GEVACIS. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 29/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.R.Ramachandra Menon, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A. No. 1393 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of September, 2011 JUDGMENT J.Chelameswar, C.J. Aggrieved by a judgment dated 23.08.2011 in W.P. (C) No.22891 of 2011 by which a learned Judge of this Court dismissed the writ petition, the instant appeal is filed by the unsuccessful petitioner. 2. The writ petition is filed challenging the legality of Ext.P7 notice. The writ petition is filed with the prayer as follows: “i. Call for the records pertaining to Exhibit.P7 notice and quash the same by issuing a writ of certiorari. ii. Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents 1 to 3 to keep in abeyance all further proceedings under the Kerala Land Conservancy Act and Rules against the petitioner. iii. Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2nd respondent to accept and consider Exhibit.P8 reply to the notice under Section 12 of the Land Conservancy Act 1957; iv. Issue such other reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances f the case.” W.A. No.1393 of 2011 -:2:- 3. Ext.P7 is a show cause notice issued by the Additional Tahsildar, Devikulam dated 12.08.2011 calling upon the appellant herein to show cause why proceedings should not be initiated under the Kerala Land Conservancy Act, 1957 to evict the petitioner. The petitioner alleges that he had given an explanation to the said show cause notice. Instead of awaiting a decision in the matter, the petitioner wants to short circuit the procedure by approaching this Court under Article 226 with unsubstantiated allegations. We do not see any reason to interfere with the judgment under appeal. The learned Judge has rightly dismissed the writ petition. The Writ Appeal is accordingly dismissed. J.Chelameswar, Chief Justice. P.R.Ramachandra Menon, Judge. ttb