IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 WP(C).No. 23638 of 2011(D) ---------------------------------------- PETITIONER(S): ------------------------- RAMA VARMA CLUB, CLUB ROAD, ERNAKULAM, REPRESENTED BY ITS HONORARY SECRETARY, R. SURESH. BY SRI.T.KRISHNAN UNNI, SENIOR ADVOCATE, BY ADV. SRI.SAJU.S.A, SRI.K.C.KIRAN, SMT.P.A.SHEEJA. RESPONDENT(S): --------------------------- 1. DISTRICT COLLECTOR, ERNAKULAM - 682 030. 2. THE TAHSILDAR, KANAYANNOOR TALUK, ERNAKULAM - 682 036. 3. EXCISE COMMISSIONER, THIRUVANANTHAPURAM - 695 001. 4. EXCIE DEPUTY COMMISSIONER, ERNAKULAM - 682 018. R1 TO R4 BY SR. GOVERNMENT PLEADER SMT. M.J.RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.23638/2011 D APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER OF THE 2ND RESPONDENT DTD. NIL. P2: COPY OF THE ORDER OF SUB COLLECTOR, KOCHI DTD. 14/05/2010. P3: COPY OF THE MEMORANDUM OF REVISION PETITION DTD. 20/06/2010. P4: COPY OF THE APPLICATION FOR STAY DTD. 20/06/2010. P5: COPY OF THE LICENCE ISSUED TO THE PETITIONER DTD. 18/06/2003 WITH SUBSEQUENT ENDORSEMENT THEREIN. P6: COPY OF THE ORDER OF THE DEPUTY COMMISSIONER OF ERNAKULAM DTD. 02/04/2011. P7: COPY OF THE NOTICE ISSUED BY EXCISE COMMISSIONER, TRIVANDRUM DTD. 19/08/2011. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 23638 OF 2011 ----------------------------------------------------- Dated this the 31st day of August , 2011 J U D G M E N T Petitioner is a club which was issued with FL-4A licence. During the period, when the licence was in force, proceedings were initiated against the club under the provisions of the Kerala Land Conservancy Act resulting in Ext.P1 order of the Tahsildar ordering resumption of a portion of the property in their possession. Appeal filed against Ext.P1 was also rejected by Ext.P2 order passed by the Appellate Authority. Aggrieved by Exts.P1 and P2, Ext.P3 revision and Ext.P4 stay petition were filed before the first respondent. In the meanwhile, the licence period expired and on account of the pendency of the aforesaid proceedings, the licence was not renewed. 2. Pleading show that at that stage Ext.P4 stay petition was considered by the first respondent and W.P.(C) No. 23638 OF 2011 :2 : Exts.P1 and P2 were stayed for a period of one month. Based on the order passed by the first respondent, licence was also renewed for the period 2011-2012 and is now valid till 31.3.2012. 3. It would appear that the order of stay was not extended by the District Collector and the 4th respondent reported the matter to the 3rd respondent. Acting upon the report so made, the 3rd respondent issued Ext.P7 show cause notice to the petitioner, calling upon them to show cause why the licence shall not be cancelled. It is also stated in Ext.P4 that the 2nd respondent is initiating steps for resumption of the property mentioned in Exts.P1 and P2. It is in these circumstances the writ petition is filed. 4. I heard the learned senior counsel appearing for the petitioner and the learned Government Pleader on behalf of the respondents. From the facts as pleaded it is evident that the proceedings initiated under the provisions W.P.(C) No. 23638 OF 2011 :3 : of the Land Conservancy Act are under the consideration of the first respondent, before whom Ext.P3 revision is pending. It is taking advantage of the fact that stay order passed by the first respondent was not extended, that Ext.P7 show cause is issued to the petitioner proposing cancellation of the licence which is valid till 31.3.2012. Taking note of this factual situation, I am of the view that at this stage what is required is the District Collector should consider Ext.P3 revision and in the meanwhile further proceedings pursuant to Ext.P7 should be kept in abeyance. 5. In that view of the matter I dispose of the writ petition with the following directions. (i) The first respondent shall consider Ext.P3 revision with notice to the petitioner as expeditiously as possible. W.P.(C) No. 23638 OF 2011 :4 : (ii) In the meanwhile, all further proceedings pursuant to Exts.P2 and P7 will be kept in abeyance. Petitioner to produce a copy of this judgment before respondents 1, 2 and 3 for compliance. ANTONY DOMINIC, JUDGE ul/-