IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 WP(C).No. 4637 of 2005(B) ------------------------------------- PETITIONER: ------------------- JIJI.V.ALEXANDER, AGED 37 YEARS, S/O.ANIYANKUNHU, VALANPARAMBIL HOUSE, KALLUVETTANKUZHY, THINKALKARIKKOM VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.C.KHALID, SRI.N.GOPINATHA PANICKER. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETRIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, CIVIL STATION, KOLLAM. 3. SUB COLLECTOR, CIVIL STATION, KOLLAM. 4. ADDITIONAL TAHSILDAR, PATHANAPURAM, PUNALUR, KOLLAM DISTRICT. 5. THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. NOBLE MATHEW. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.4637/2005-B: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE SALE DEED NO. 889/02 OF KULATHURPUZHA SUB REGISTRY OFFICE DT. 06/11/02. EXT.P.2: COPY OF THE ORDER DTD. 16/01/2003 IN L.C. CASE NO. 56/02 PASSED BY THE R.4. EXT.P.3: COPY OF THE APPEAL DTD. 03/02/2003 BEFORE THE REVENUE DIVISIONAL OFFICER, KOLLAM. EXT.P.4; COPY OF THE ORDER DTD. 03/07/2003 PASSED BY THE R.3. EXT.P.5: COPY OF THE PETITION DTD. 23/07/2003 FILED BEFORE THE R.2. EXT.P.6: COPY OF THE ORDER NO. L5.38451/03 DTD. 19/08/2004 PASSED BY THE R.2. EXT.P.7: COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE LAND REVENUE COMMISSIONER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.4637 OF 2005 --------------------------------------- Dated this the 8th day of August, 2008. J U D G M E N T Petitioner is aggrieved by the proceedings initiated under the provisions of the Land Conservancy Act for realization of an amount of Rs.1,59,602/- on the allegation that he had cut and removed trees from the Kuthakapattom land. 2. According to the petitioner, the issue is squarely covered in his favour by the decision of this Court in State of Kerala vs. Sreedharan Nair (1998(1)KLT 524). It is seen that Exhibit P7 is pending before the Land Revenue Commissioner. There will be a direction to the Land Revenue Commissioner to consider Exhibit P7, with notice to the petitioner, and take appropriate action thereon in accordance with law, adverting also to the decision referred to above, within a period of four months from the date of receipt of a copy of this judgment. Interim order passed by this Court will continue till such time. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 4637 OF 2005 J U D G M E N T 08.08.2008