IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 WP(C).No. 37129 of 2010(M) ---------------------------------- PETITIONER(S): ------------------- M.V.JOHN, AGED 68 YEARS, S/O. VARGHESE, MANNIL HOUSE, THUMPAMON THAZHAM MURI, MEZHUVELI VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADVS. SRI. K.SHAJ SRI.SAJJU.S RESPONDENT(S): -------------------- 1. THE DISTRICT COLLECTOR, PATHANAMTHITTA – 01. 2. THE ASSISTANT EXECUTIVE ENGINEER, PWD ROADS SUB DIVISION, PATHANAMTHITTA – 01. R1 & R2 BY GOVT.PLEADER SRI.DILEEP MOHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ ANTONY DOMINIC, J -------------------------------------- W.P.(C).No. 37129 OF 2010 ------------------------------------------------------------- Dated this the 13th day of December, 2010 JUDGMENT When Ext.P3 order of eviction issued against the petitioner, under the provisions of Kerala Land Conservancy Act, petitioner approached this court by filing W.P(C) No.35636/2010. That writ petition was disposed of Ext.P4 judgment directing that the order be kept in abeyance for two weeks in order to enable the petitioner to seek appellate remedies. 2. According to the petitioner, immediately thereafter, he filed Ext.P5 appeal and Ext.P7 stay petition before the 1st respondent. Orders have not been passed either on the appeal or on the stay petition. In the meanwhile attempt is made to evict the petitioner in pursuance of Ext.P3 order. It is with this writ petition is filed. 3. Ext.P6 is stated to be the receipt acknowledging the filing of the appeal and stay petition. Having regard to the pendency of the appeal and stay petition, I feel the 1st respondent to hear and consider if no appeal at least the stay petition before taking further action on Ext.P3 order. Therefore, I direct, the writ petition will stand disposed of with the following directions:- W.P.(C).No. 37129 OF 2010 2 1. That the 1st respondent will consider Ext.P5, and if not Ext.P5 appeal, at least Ext.P7 stay petition, with notice to the petitioner and as expeditiously as possible at any rate within four weeks of a production of a copy of this judgment. 2. Until orders are passed as above, further proceedings pursuant to Ext.P3 will be kept in abeyance. 3. Petitioner to produce a copy of this judgment along with a copy of this writ petition before respondents 1 and 2 for compliance. ANTONY DOMINIC JUDGE dmb