IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 24TH APRIL 2009 / 4TH VAISAKHA 1931 WP(C).No. 12723 of 2009(I) ----------------------------------- PETITIONERS : --------------------- 1. DEVASSY ANTONY,AGED 48,S/O.DEVASSY, KEENACHERRY HOUSE,NADUVATTOM P.O, KALADY VIA,ERNAKULAM DISTRICT.PIN-683574. 2. K.S.BABU,AGED 43,S/O.SEBASTIAN, KALLILAN HOUSE,NADUVATTOM P.O, KALADY VIA,ERNAKULAM DISTRICT,PIN-683 574. 3. V.V.ANTONY,AGED 58,S/O.VAREED, VATTEKKADAN HOUSE,NADUVATTOM P.O, KALADY VIA,ERNAKULAM DISTRICT,PIN-683574. 4. POULOSE K.P,AGED 39,S/O.PAPPACHAN, KEENACHERRY HOUSE, NADUVATTOM P.O,KALADY,ERNAKULAM DIST.PIN-683574. 5. DEVASSY,AGED 60 YEARS, S/O.VAREED,KEENANCHERRY HOUSE, NADUVATTOM P.O,KALADY,ERNAKULAM DIST.PIN-683574. 6. POULO OUSEPH @ V.O.POULOSE,AGED 76, S/O.OUSEPH,VARAYILAN HOUSE, NADUVATTOM P.O,KALADY,ERNAKULAM DIST.PIN-683574. 7. GRACY PAUL,AGED 62,W/O.PAUL P.MANJOORAN, MANJOORAN HOUSE, NADUVATTOM P.O,KALADY,ERNAKULAM DIST.PIN-683574. 8. V.V.VARGHESE,AGED 48,S/O.VAREED, VATTEKKADAN HOUSE, NADUVATTOM P.O,KALADY,ERNAKULAM DIST.PIN-683574. 9. OUSEPH VAREED,AGED 80,S/O.OUSEPH, KEENACHERRY HOUSE, NADUVATTOM P.O,KALADY VIA,ERNAKULAM DIST.PIN-683574. 10. ANDROUSE PAUL,AGED 52,S/O.M.C.POULOSE, MANAVALAN HOUSE, NADUVATTOM P.O,KALADY VIA ,ERNAKULAM DIST.PIN-683574. 11. OUSEPH DEVASSY,AGED 78,S/O.OUSEPH, KEENANCHERRY HOUSE, NADUVATTOM P.O,KALADY,ERNAKULAM DIST.PIN-683574. 12. VARGHESE P.O,AGED 68,S/O.VARGHESE, VARAYILAN HOUSE, NADUVATTOM P.O,KALADY,ERNAKULAM DIST.PIN-683574. BY ADV. SRI.M.A.ABDUL HAKHIM RESPONDENTS: ------------------------- 1. ASSISTANT EXECUTIVE ENGINEER, (ROADS DIVISION),PWD,ALUVA. 2. THE REVENUE DIVISIONAL OFFICER, FORT KOCHI. 3. THE DISTRICT COLLECTOR,ERNAKULAM. ADV. SRI. T.K. VIPIN DAS, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.K.MOHANAN, J. --------------------------------------- W.P.(C) No.12723 OF 2009 --------------------------------------- Dated this the 24th day of April, 2009 JUDGMENT The petitioners 12 in persons preferred this writ petition with a prayer to issue a writ of mandamus or direction to the third respondent District Collector to dispose of Ext.P15 revision petition preferred by them. The case of the petitioners is that the petitioners have patta land in Malayattoor Village near to Naduvattom junction, on the side of Naduvattom- Neeleswaram Road starting from Kalady-Malayattoor Road within the local limits of Malayattoor -Neeleswaram Grama Panchayath. According to them, they are in possession of the properties in question from time immemorial as the same are owned and possessed by their predecessors. It is also averred that they are paying land and building tax and they are in full enjoyment of the properties with all amenities including the electric and telephone connections. They are not in possession of any puramboke land. But, the first respondent issued notice invoking the emergency power under Section 11(3) of the Kerala Land Conservancy Act alleging that the petitioners are W.P.(C) No.12723 of 2009 2 encroached puramboke land and directed them to remove from the alleged encroachment. 2. Aggrieved by the said notice, the petitioners were preferred appeals before the appellate authority namely R.D.O., Fortkochi, but the same were dismissed by a common order dated 05.01.2009. Against the said common order, the petitioners herein preferred revision petition before the third respondent District Collector under Section 16(2) of the Land Conservancy Act, 1957. The only prayer in the writ petition is for a direction to the third respondent to consider and dispose of Ext.P15 revision petition. Being a statutory authority under the land Conservancy Act, the third respondent is expected to dispose of the revision petition and I find no reason to hold that the said authority will not exercise the said jurisdiction and dispose of Ext.P15 revision petition if the same is otherwise in order. However, considering the facts and circumstances involved in the case, I am of the view that it is only just and proper to direct the third respondent to dispose of Ext.P15. 3. In the result, this writ petition is disposed of directing W.P.(C) No.12723 of 2009 3 the third respondent to take up Ext.P15 revision petition if the same is otherwise in order on or after 18.05.2009 and to dispose of the same after giving an opportunity to the petitioners and also to all other concerned of being heard as expeditiously as possible. The respondents are directed to maintain status quo till the disposal of Ext.P15 revision petition. The petitioners are directed to produce a copy of this judgment before the third respondent on getting the certified copy of the same. The writ petition is disposed of accordingly. V.K.MOHANAN JUDGE pac