IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 WP(C).No. 37794 of 2010(Y) ---------------------------------- PETITIONER(S): ------------------- MANIKANDAN, S/O.DHARMAPANDY, AGED 35 YEARS, NAYAMAKKAD, TEMPLE LANE, MUNNAR – 685 612. BY ADV. SRI.N.M.VARGHESE RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM 2. THE DISTRICT COLLECTOR, IDUKKI DISTRICT, COLLECTROATE, KUILUMALA, IDUKKI. 3. THE TAHSILDAR, DEVIKULAM TALUK, DEVIKULAM, IDUKKI DISTRICT. R1 TO R3 BY GOVT.PLEADER SRI.DILEEP MOHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ ANTONY DOMINIC, J -------------------------------------- W.P.(C).No. 37794 OF 2010 ------------------------------------------------------------- Dated this the 20th day of December, 2010 JUDGMENT Petitioner sought assignment of 4 cents of land in Survey No.62/9 of Kannan Devan Hills Village. Pursuant to the directions of this court in W.P(C) No.7377/2010, the District Collector, 2nd respondent, considered his application and rejected the same by Ext.P6 order dated 10.11.2010. Against that order, petitioner filed Ext.P7 appeal, invoking Rule 22 of the Kannan Devan Hills (Reservation and Assignment of Vested Lands) Rules. That appeal is pending consideration of the 1st respondent. While so, the 3rd respondent issued Ext.P8 notice invoking his powers under the Land Conservancy Act. By this notice, petitioner has been asked to vacate the land within 48 hours. It is challenging Ext.P8, this writ petition is filed. 2. If as stated by the petitioner, Ext.P7 appeal filed by him against Ext.P6 order of the 2nd respondent is pending consideration of the 1st respondent, I feel coercive action now initiated by Ext.P8, is premature. Therefore, at this stage, I am W.P.(C).No. 37794 OF 2010 2 satisfied that, further action based on Ext.P8 should be kept in abeyance till the 1st respondent takes a decision on Ext.P7. Therefore, I dispose of this writ petition with the following directions:- i) That the 1st respondent shall dispose of Ext.P7 appeal filed by the petitioner with notice to the parties concerned as expeditiously as possible at any rate within eight weeks of production of a copy of this judgment. ii) In the meantime, further proceedings pursuant to Ext.P8 notice will be kept in abeyance. 3. Petitioner to produce a copy of this judgment along with a copy of this writ petition before the 3rd respondent for compliance. ANTONY DOMINIC JUDGE dmb