IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 WP(C).No. 37378 of 2008(Y) -------------------------- PETITIONER(S): --------------- SIVA PRASADAN.K., PRASADAM, KANNIMEL CHERRY, KILIKOLLOOR P.O., KOLLAM 691 004. BY ADV. SRI.B.SURESH KUMAR RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, KOLLAM. 4. THE ADDITIONAL TAHSILDAR, KOLLAM. 5. THE VILLAGE OFFICER, KILIKOLLOOR P.O., KOLLAM 691 004. G.P. SHRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 37378 of 2008 ================== Dated this the 18th day of December, 2008 J U D G M E N T The petitioner is challenging Ext.P1 order of the Additional Tahsildar, Kollam, issued under the Kerala Land Conservancy Act and Rules, by which the petitioner has been directed to vacate certain properties, on the ground that the petitioner is occupying Government land. According to the petitioner, the same was issued without notice to the petitioner in so far as the petitioner and his wife were residing abroad during the relevant time. The learned Government Pleader would submit that the order was passed after issuing notice and simply because the petitioner was abroad, he cannot say that he was not issued with a notice. 2. I am not inclined to enter into this controversy since the petitioner has already filed Ext.P5 appeal before the 3rd respondent-District Collector. It is upto to the 3rd respondent to consider and pass appropriate orders thereon expeditiously. 3. The learned counsel for the petitioner expresses an apprehension that, in the meanwhile, respondents 4 and 5 may implement Ext.P1 order. In the above circumstances, this writ w.p.c.37378/08 2 petition is disposed of with a direction to the 3rd respondent to consider the question of stay of further proceedings on Ext.P1, if a petition is filed for that purpose expeditiously. For enabling the petitioner to move the District Collector for stay, I direct that further coercive proceedings pursuant to Ext.P1 shall be kept in abeyance for a period of two weeks. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge