IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 WP(C).No. 23669 of 2008(P) -------------------------------------- PETITIONER: ------------------- MADHU.V.T., S/O.SANKARAN NAIR, KANOOTHU HOUSE, VALADIPALLIYIL, NARIPARAMBU, POTHANNUR AMSOM, PONANI TALUK, MALAPPURAM. BY ADV. MR.M.N.UNNIKRISHNAN. RESPONDENTS: ------------------------ 1. THE REVENUE DIVISIONAL OFFICER, TIRUR. 2. THE GENERAL MANAGER (PLANNING), BSNL(MOBILE), MALAPPURAM. 3. THAVANUR GRAMA PANCHAYATH, REP. BY ITS SECRETARY, THAVANUR, MALAPPURAM. 4. K.V.SALEEM, S/O.MUHAMMED ALI, KUNJAN VALAPPIL, NARIPARAMBU P.O., KALADY, MALAPPURAM DISTRICT -679 573. R1 BY GOVT. PLEADER SMT. SUDHA DEVI, R2 BY MR. C.S.RAMANATHAN, SC, BSNL, MR. V.CHITAMBARESH, SENIOR ADVOCATE, ADVS. MR.T.C.SURESH MENON, MR.JIBU P THOMAS, MR.P.S.APPU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/04/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.23669/2008-P: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE COMPLAINT FILED BY THE PEOPLE OF THE LOCALITY DTD. 30/05/2008. EXT.P.2: COPY OF THE REPORT FILED BY THE VILLAGE OFFICER DTD. 07/06/2008. EXT.P.3: COPY OF THE ORDER OF THE R.1. DTD. 17/06/2008. RESPONDENTS' EXHIBITS: EXT.R4.A: COPY OF THE INITIAL ORDER OF STAY DTD. 17/07/2008. EXT.R4.B: COPY OF THE FINAL ORDER DTD.20/10/08. EXT.R4.C: COPY OF THE PLAINT IN O.S. NO. 118/08 ON THE FILE OF THE COURT OF THE MUNSIFF OF PONNANI DTD. 23/06/2008. //TRUE COPY// P.S. TO JUDGE. Prv. V.GIRI, J. ------------------------- W.P.(C).No.23669 of 2008 ------------------------- Dated this the 2nd day of April, 2009. JUDGMENT The petitioner is aggrieved by what he calls “unauthorised conversion of a paddy land” owned by the 4th respondent and non-implementation of an order, Ext.P3, passed in this regard by the 1st respondent Revenue Divisional Officer under the provisions of the Land Utilization Order. The writ petition has been filed seeking a writ of mandamus directing the 1st respondent to implement Ext.P3 order. 2. In the counter affidavit filed by the 4th respondent reference has been made to the pendency of an appeal against Ext.P1 before the Commissioner for Land Revenue and Ext.R4(b) order of stay passed in this regard. The appeal is, therefore, pending before the Commissioner. In the circumstances, the writ petition is disposed of directing the Commissioner for Land W.P.(C).No.23669 of 2008 :: 2 :: Revenue, to expeditiously dispose of the appeal against Ext.P1 order referred to in Ext.R4(b), after hearing the appellants as also the 1st respondent before the Commissioner (4th respondent herein) within a period of three months from the date of receipt of a copy of this judgment. The parties as also the Revenue Divisional Officer shall be governed by the order to be passed by the appellate authority. Sd/- V.GIRI) JUDGE sk/ //true copy//