IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 10TH JANUARY 2011 / 20TH POUSHA 1932 WP(C).No. 748 of 2011(P) ------------------------------------- PETITIONER(S): ------------------------- MOIDEEN KOYA,AGED 57 YEARS, S/O.MOYEEN,M/S.ALFA SAW MILL,MOORIYAD,KASABA VILLAGE,KOZHIKODE. BY ADVS. SRI.P.V.KUNHIKRISHNAN, SRI.HANSON.P.MATHEW. RESPONDENT(S): ---------------------------- 1. ADDITIONAL TAHSILDAR,TALUK OFFICE, KOZHIKODE-673 020. 2. VILLAGE OFFICER,KASABA VILLAGE, KOZHIKODE-673 004. 3. ASSISTANT ENGINEER,OFFICE OF THE ASSISTANT ENGINEER,E.K.CANAL SECTION, KOZHIKODE-673 020. 4. EXECUTIVE ENGINEER, IRRIGATION DIVISION, KOZHIKODE - 673 020. 5. STATE OF KERALA,REPRESENTED BY ITS SECRETARY,REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695 001. BY GOVERNMENT PLEADER SRI. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ANTONY DOMINIC, J. ------------------------- W.P (C) No.748 of 2011 -------------------------- Dated this the 10th January, 2011 J U D G M E N T Petitioner's grievance is against Ext.P11 order passed by the 1st respondent exercising his powers under the Kerala Land Conservancy Act and directing him to vacate from the plot mentioned therein within five days of service of the order. It is stated that in the process he is deprived of his right to pursue appellate remedies and seek interlocutory orders. It is with this grievance, this writ petition has been. 2. Going by the pleadings, the order was served on the petitioner on 6.1.2011. It is also a fact that the petitioner has a statutory appellate remedy. Therefore, it is unreasonable to implement Ext.P11 without enabling the petitioner to seek statutory appellate remedies. Bearing in mind the above, I dispose of this writ petition with the following directions. (i) Ext.P11 order will be kept in abeyance for a period of three weeks from today. (ii) In the meanwhile, it will be open to the W.P (C) No.748 of 2011 2 petitioner to file appeal and to seek and obtain appropriate interim orders from the appellate authority. Petitioner shall produce a copy of this judgment along with a copy of the writ petition before the 1st respondent, for compliance. ANTONY DOMINIC JUDGE ma W.P (C) No.748 of 2011 3