IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 3RD FEBRUARY 2010 / 14TH MAGHA 1931 WP(C).No. 1804 of 2010(A) ------------------------- PETITIONER: --------------- V.THULASEEDHARAN, THULASEE VILASOM, MANALUVILA, VENPAKAL, THIRUVANANTHAPURAM. BY ADV. SRI.B.KRISHNA MANI RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE ASSISTANT ENGINEER, PUBLIC WORKS DEPARTMENT (ROADS), NEYYATTINKARA, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT OF SURVEY AND LOCAL RECORDS, COLLECTORATE, THIRUVANANTHAPURAM. 4. THE TALUK SURVEYOR, NEYYATTINKARA, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SHRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 1804 of 2010(A) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1 : Permit dtd.11/11/08 from the Athiyannoor Grama Panchayat. EXHIBIT P2 : Plan. EXHIBIT P3 : Notice dtd.5/1/2010 from the Taluk Surveyor, Neyyattinkara. EXHIBIT P4 : Representation dtd.11/1/2010 before the Superintendent of Survey and Land Records. EXHIBIT P5 : Proceeding dtd.12/1/2010 issued by Assistant Engineer, Public Works Department (Roads), Neyyattinkara. EXHIBIT P6 : Reply dtd.14/1/2010 EXHIBIT P7 : Re-survey sketch. RESPONDENTS' EXHIBITS: Nil. True copy P.A. to Judge T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.1804 of 2010 ------------------------------------------------ Dated this the 3rd day of February, 2010 JUDGMENT This writ petition is filed challenging Ext.P5 proceedings under the Land Conservancy Act issued by the Assistant Engineer, P.W.D. (Roads) Section, Neyyattinkara. When the writ petition came up for admission on 19/1/2009, this court passed an interim order directing the petitioner to file an appeal against Ext.P5 before the first respondent within ten days. It was also ordered, in the meanwhile further action pursuant to Ext.P5 will be kept in abeyance for a period of two weeks. The learned counsel for the petitioner submitted that the appeal has already been filed and the petitioner will be moving an application seeking a stay of the order. 2. Therefore, the writ petition is disposed of directing the appellate authority, who is the District Collector, to consider and pass orders in the appeal in accordance with law. In the meanwhile, operation of Ext.P5 shall be kept in abeyance for another three weeks for enabling the petitioner to get an order of stay from the appellate authority. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj