IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 21ST MARCH 2011 / 30TH PHALGUNA 1932 WP(C).No. 7524 of 2011(M) ------------------------- PETITIONERS: --------------- 1. DEVARAJ, AGED 56 YEARS, S/O.MARIMUTHU NAIKER, BHOOTTUVAZHI, AGALI P.O, PALAKKAD. 2. RAJAMMAL, AGED 47 YEARS, W/O.DEVARAJ, BHOOTTUVAZHI,AGALI P.O, PALAKKAD. 3. PALANICHAMI, AGED 60 YEARS, S/O.MARIMUTHU NAIRKAR, BHOOTTUVAZHI,AGALI P.O, PALAKKAD. 4. ANANDAN, AGED 49 YEARS, S/O.MARIMUTHU NAIRKAR, BHOOTTUVAZHI,AGALI P.O, PALAKKAD. 5. RAVI, AGED 44 YEARS, S/O.MARIMUTHU NAIRKAR, BHOOTTUVAZHI, AGALI P.O, PALAKKAD. 6. SELVAKUMAR, AGED 38 YEARS, S/O.MARIMUTHU NAIRKAR, BHOOTTUVAZHI, AGALI P.O, PALAKKAD. 7. RAJESWARI, AGED 38, W/O.SELVAKUMAR, BHOOTTUVAZHI, AGALI P.O, PALAKKAD. BY ADV. SMT.T.B.MINI RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, PALAKKAD. 2. THE REVENUE DIVISIONAL OFFICER, OTTAPALAM. R1 & R2 BY GOVT. PLEADER SRI. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. ------------------------- W.P (C) No.7524 of 2011 -------------------------- Dated this the 21st March, 2011 J U D G M E N T The petitioners are stated as aggrieved of Ext.P3 notice issued by the 2nd respondent, whereby, the property possessed and enjoyed by the petitioners was ordered to be surrendered. 2. The learned counsel for the petitioners submit that the stand taken by the respondents is not liable to be sustained either on facts or in law and that the petitioners have already preferred Ext.P4 appeal, which is pending before the 1st respondent. 3. Heard the learned Government Pleader as well. 4. Considering the facts and circumstances, particularly the fact that Ext.P4 appeal is pending consideration before the 1st respondent, this Court does not find it necessary to go into the merits, for the time being. 5. In the above circumstances, the writ petition is disposed of directing the 1st respondent to consider Ext.P4 and pass orders thereon, in accordance with law, of W.P (C) No. 7524 of 2011 2 course after giving opportunity of hearing to the petitioners, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. Petitioners shall produce a copy of this judgment along with a copy of the writ petition before the 1st respondent for taking further steps. 'Status quo' shall be maintained till that time. Sd/- P.R.RAMACHANDRA MENON, JUDGE ma /True copy/ P.A to Judge