IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 12TH JULY 2011 / 21ST ASHADHA 1933 WP(C).No. 18898 of 2011(J) --------------------------------- PETITIONER(S): ------------------- JOHNY ALEX, SON OF THOMAS, AGED 44 YEARS, RESIDING AT PAZHAMPILLI, VADUTHALA, CHERANALLOOR, ERNAKULAM. BY ADV. SMT.LAKSHMI RAJAN RESPONDENT(S): --------------------- 1. DIRECTOR (SURVEY & LAND RECORDS), THIRUVANANTHAPURAM G.P.O, THIRUVANANTHAPURAM-695 001. 2. DISTRICT SURVEY SUPERINTENDENT, KAKANADU, ERNAKULAM-682 030. 3. VILLAGE OFFICER, MULAVUKADU, MULAVUKADU.P.O., ERNAKULAM DISTRICT. 682 504. 4. ADDL. TAHSILDAR, TALUK OFFICE, KANAYANNUR, ERNAKULAM. 682 016. 5. MULAVUKADU GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY,MULAVUKADU.P.O., ERNAKULAM DISTRICT. 682 504. 6. STATE OF KERALA,REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 7. R.D.O., ERNAKULAM. PIN-682 030. 8. DISTRICT COLLECTOR, ERNAKULAM, COLLECTORATE, KAKKANAD, ERNAKULAM-30. 9. LAND AND REVENUE COMMISSIONER, TRIVANDRUM. 695 001. BY GOVT. PLEADER SMT.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 18898/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE REGISTERED PARTITION DEED NO.3561/1993 DATED 18/08/1993. P1(a):COPY OF THE REGISTERED SALE DEED NO.1277/1976. P2: COPY OF THE ENCUMBRANCE CERTIFICATE NO.670/1973 OF 27 YEARS PRECEDING 30/07/1973. P3: COPY OF ENCUMBRANCE CERTIFICATE NO.4559/2007 DATED 29/03/2007 FOR THE PERIOD FROM 01/01/1994 TO 21/02/2007. P4: COPY OF CERTIFICATE NO.3181/1993 DATED 27/09/1993. P5: COPY OF THE BASIC TAX REMITTANCE RECEIPT DATED 07/03/1998. P6: COPY OF THE SKETCH WITH RESPECT TO THE RE SY CONDUCTED BY THE RESPONDENT DEPARTMENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J --------------------------------------- W.P(C) No.18898 of 2011 ---------------------------------------- Dated this the 12th day of July, 2011. J U D G M E N T According to the petitioner he has ownership and possession of a property having an extent of 4 Acres and 86 cents, situated in Survey No.392 of Mulavukadu Village, Kanayannur Taluk. It is stated that due to an error committed in resurvey, the extent of the property was shown as 4 Acres and 5 cents. 2. Aggrieved by the reduction in the extent of land the petitioners approached the 2nd respondent by filing DSA No.194/2007, which was rejected as per Ext.P14 order. Against Ext.P14 order the petitioner filed revision before 8th respondent. That revision was heard along with Ext.P16 appeal filed by the petitioner against Ext.P15 order of the 7th respondent, calling upon the petitioners to stop activities in the said land. The revision and appeal were heard by the 8th respondent and by Ext.P17 both were rejected. 3. Aggrieved by Ext.P17, the petitioner filed Ext.P18 revision under Section 16(4) of the Kerala Land Conservancy W.P(C) No.18898 of 2011 2 Act, 1957 and the said revision is pending consideration of the 9th respondent. During pendency of the revision, the petitioner apprehend that the 8th respondent is taking further action based on Ext.P17. It is on the said basis this writ petition is filed for appropriate orders. 4. Since Ext.P18 revision filed by the petitioner invoking the powers of the 9th respondent under Section 16(4) of the Land Conservancy Act, the said revision being a statutory one, is bound to be considered and during the pendency of the said revision any coercive action based on Ext.P17 will be premature. 5. In that view of the matter, I dispose of this writ petition directing the 9th respondent to consider and pass orders on Ext.P18 with notice to the petitioners, as expeditiously as possible, at any rate within three weeks from the date of production of a copy of this judgment along with the a copy of the writ petition. It is directed that in the meanwhile, further proceedings pursuant to Ext.P17 order will stand deferred. 6. The petitioners shall produce a copy of the judgment along with a copy of this writ petition before respondents 7, 8 and 9 for compliance. ANTONY DOMINIC ab JUDGE