IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 7TH DECEMBER 2009 / 16TH AGRAHAYANA 1931 WP(C).No. 32310 of 2009(G) ---------------------------------------- PETITIONER(S): ------------------------- 1. CHERIAN K.G. S/O. LATE GEORGE, KADAMMATTU HOUSE, POOVANPARA, KONNI.P.O. PATHANAMTHITTA DISTRICT. 2. M.G.PHILIPOSE, S/O. LATE GEORGE, PUTHUVELIL HOUSE, POOVANPARA, KONNI.P.O. PATHANAMTHITTA DISTRICT. 3. JOSE SAMUEL, PTHENVILAYIL HOUSE, VAKAYAR.P.O., PATHANAMTHITTA. 4. SALI SAM JOSE W/O. JOSE SAMUEL, PUTHENVILAYIL HOUSE, VAKAYAR.P.O. PATHANAMTHITTA. BY ADV.MR.V.PHILIP MATHEWS RESPONDENT(S): --------------------------- 1. STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF LAND REVENUE, THIRUVANANTHAPURAM. 3. DISTRICT COLLECTOR, PATHANAMTHITTA. 4. R.D.O. (SUB COLLECTOR) ADOOR. 5. TAHSILDHAR, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. Kss ..2/- ...2..... WPC.NO.32310/2009 G 6. ADDITIONAL TAHSILDHAR, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. 7. TALUK SURVEYOR, KOZHENCHERRY TALUK, KOZHENCHERRY. 8. VILLAGE OFFICER, VALLIKODE-KOTTAYAM VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. 9. T.G.MATHEWS, NEDUVAMPIRATH HOUSE, VJNOBA NAGAR, CHILAVANNUR,KADAVANTHARA.P.O. KOCHI-20. R1 TO R8 BY GOVERNMENT PLEADER MR. P. NARAYANAN R9 BY ADVS. MR.P.B.SURESH KUMAR, MR.K.P.SUJESH KUMAR, MR.K.N.SASIDHARAN NAIR, SMT.SANDHYA RADHAKRISHNAN, SMT.M.SRUTHY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/12/2009 ALONG WITH WPC NO. 32401 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.32310/2009 G APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE DECREE IN O.S.NO.54/82 ON THE FILE OF SUB COURT, PATHANAMTHITTA. P2: COPY OF THE DELIVERY KYCHEET. P3: COPY OF THE ORDER DTD. 08/03/2004 PASSED BY THE 4TH RESPONDENT. P4: COPY OF THE COUNTER AFFIDAVIT IN WPC.NO.28657/2004. P5: COPY OF THE JUDGMENT IN WPC.NO.28657/2004. P6: COPY OF THE JUDGMENT IN O.S.216/92 ON THE FILE OF SUB COURT, PATHANAMTHITTA. P7: COPY OF THE JUDGMENT IN RP.NO.695/2008 AND WPC.NO.19604/2008 DTD. 01/07/2008. P8: COPY OF THE PROCEEDINGS DTD. 15/09/2008 ISSUED BY THE SIXTH RESPONDENT. P9: COPY OF THE HEARING NOTE SUBMITTED BY THE PETITIONERS THROUGH THEIR COUNSEL. P10: COPY OF THE ORDER DTD. 07/10/2008 ISSUED BY SECOND RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN, J. --------------------------- W.P.(C) Nos. 32310 & 32401 OF 2009 -------------------------- Dated this the 7th day of December, 2009 J U D G M E N T Heard the learned counsel appearing on both sides. 2. By Ext.P10 order passed in W.P.(C) No. 32310 of 2009 which is the same as Ext.P6 in W.P.(C) No. 32401 of 2009, the Land Revenue Commissioner directed the Revenue Divisional Officer, Adoor, to pass fresh orders on the application submitted by the 9th respondent in W.P.(C) No. 32310 of 2009, who is the 6th respondent in W.P.(C) No. 32401 of 2009, for transfer of registry. Ext.P10 order was passed on 7.10.2008. The grievance voiced by the petitioners in these writ petitions is that though pursuant to Ext.P10 order, the Revenue Divisional Officer heard them and has also passed orders in the first week of November 2009, till date copies of the order have not been communicated to them. The petitioners contend that as the order passed by the Revenue Divisional Officer has not been communicated to them, they are not in a position to invoke the remedy available to them. 3. It is now conceded at the Bar that pursuant to Ext.P10 order the Revenue Divisional Officer, Adoor, has passed orders on 6.11.2009 deciding the issue in favour of the 9th respondent in W.P.(C) No. 32310 of 2009 and that the petitioners in these writ petitions have filed separate revision petitions before the District Collector, Pathanamthitta under Rule W.P.(C) Nos.32310 & 32401 of 2009 2 18(iv) of the Transfer of Registry Rules and before the Land Revenue Commissioner under Rule 20. The learned counsel appearing for the petitioners submitted that such being the situation as they have invoked a remedy available to them in law challenging the order passed by the Revenue Divisional Officer, Adoor, on 6.11.2009, the Land Revenue Commissioner may be directed to consider the revision pettions and take a decision thereon expeditiously. 3. Sri.P.B.Suresh Kumar, the learned the learned counsel appearing for the party respondent opposes the said request. He submits that such request is beyond the scope of this writ petition and that as copies of the order passed on 6.11.2009 have already been communicated to the petitioners, these writ petitions may be dismissed as infructuous. 4. I have considered the submissions made at the Bar by the learned counsel appearing on either side. The pleadings disclose that the dispute raised in these writ petitions has a chequered history. In such circumstances, if before the revision petitions filed from the recent order passed by the Revenue Divisional Officer, Adoor, are heard and disposed of, the present state of affairs is altered, it will cause serious prejudice to the petitioners. In such circumstances, I dispose of these writ petitions with a direction to the Land Revenue Commissioner to call for the revision petitions filed by the petitioners in these writ petitions before the District W.P.(C) Nos.32310 & 32401 of 2009 3 Collector, Pathanamthitta, hear and dispose of the said petitions along with revision petitions filed by the petitioners before the Land Revenue Commissioner. Final orders in the matter shall be passed after notice to and affording the petitioners as well as the party respondents a reasonable opportunity of being heard expeditiously and in any event within one month from the date on which a certified copy of this judgment is produced by either of the parties before the Land Revenue Commissioner. Till such time, the status quo as on today shall be maintained. The Land Revenue Commissioner shall after orders are passed as directed above, communicate copies thereof to all the parties simultaneously. P.N.RAVINDRAN, JUDGE vps