IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 WP(C).No. 31595 of 2011(Y) ---------------------------------- PETITIONER(S): -------------------- 1. AYYAPPAN @ SABARIMALA, S/O.CHELLIAH, AGED 61 YEARS, RESIDING AT RAJABHAVAN, SURYANELLI, SINGHKANDAM P.O., IDUKKI DISTRICT. 2. A.A.KARUPPAYYA, S/O. AZHAKAN, SURYANELLI, SINGHKANDAM P.O., IDUKKI DISTRICT. 3. RAJAN, S/O. SABARIMALA,, SURYANELLI, SINGHKANDAM P.O., IDUKKI DISTRICT. 4. MUNEESWARAN, S/O. AYYAPILLA, SURYANELLI, SINGHKANDAM P.O., IDUKKI DISTRICT 5. SABHAPATHYRAJ, EEETTIKKAL HOUSE, SURYANELLI, SINGHKANDAM P.O., IDUKKI DISTRICT. 6. K.J.RAJARATHNAM, S/O. JOHN, KEECHERIYIL HOUSE, SURYANELLI, SINGHKANDAM P.O., IDUKKI DISTRICT. 7. THENRAJ, S/O. MADASWAMY, SURYANELLI, SINGHKANDAM P.O., IDUKKI DISTRICT. 8. MARIMUTHU, S/O.LEKSHMANAN, SURYANELLI, SINGHKANDAM P.O., IDUKKI DISTRICT. 9. DIVYARAJ E.K., S/O. KUNJUKUNJUKUTTY, EATTIKKAL HOUSE, SURYANELLI, SINGHKANDAM P.O., IDUKKI . 10. MARIYAMMAL, D/O. ASHIRVADAM, SURYANELLI, SINGHKANDAM P.O., IDUKKI DISTRICT. BY ADV. SRI.N.M.VARGHESE svs ..................2/-... ...2... WPC. NO.31595/2011 RESPONDENT(S): -------------------- 1. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, 2. THE DISTRICT COLLECTOR, IDUKKI DISTRICT, COLLECTORATE, IDUKKU - 685 618. 3. THE SUB COLLECTOR DEVIKULAM, DEVIKULAM P.O., PIN - 685 613. 4. THE TAHSILDAR, UDUMBANCHOLA TALUK, TALUK OFFICE, UDUMBANCHOLA - 685 554. 5. THE VILLAGE OFFICER, CHINNAKKANAL VILLAGE, CHINNAKKANAL P.O., IDUKKI - 685 618. BY SR. GOVT. PLEADER SMT. SUSHEELA BHATT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 31595/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF CERTIFICATE OF REGISTRATION OF THE PETITIONERS COLONY. P2: COPY OF REPORT NUMBER B1-2576/2000 DATED 17/05/2000 SUBMITTED BY THE 3RD RESPONDENT TAHSILDAR ADDRESSING THE 2ND RESPONDENT DISTRICT COLLECTOR. P3: COPY OF JUDGMENT OF THIS HONOURABLE COURT DATED 20/10/2004 PASSED IN W.A. NO.1852/2004. P4: COPY OF REPRESENTATION DATED 03/03/2007 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT. P5: COPY OF COMPLAINT DATED 09/05/2007 SUBMITTED ON BEHALF OF THE PETITIONERS. P6: COPY OF REPRESENTATION SO SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED 08/11/2009. P7: COPY OF NEWS ITEM PUBLISHED IN THE DESHABHIMANI DAILY DATED 04/12/2010. P8: COPY OF JUDGMENT IN WPC. NO.16359/2011 - T DATED 29/06/2011 PASSED BY THIS HONOURABLE. P9: COPY OF PROCEEDINGS NO.C1-18949/07/K.DIS. DATED 04/10/2011 OF THE 2ND RESPONDENT. P10: COPY OF MEMORANDUM OF APPEAL SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT GOVERNMENT, DATED 15/11/2011. P11: COPY OF ORDER NO.G2-5218/2007 DATED 09/11/2011 PASSED BY THE 4TH RESPONDENT TAHSILDAR. P12: COPY OF NOTICE IN FORM CC SERVED ALONG WITH EXT.P11. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J. ```````````````````````````````````````````````` W.P.(C) No.31595 of 2011 ````````````````````````````````````````````````````````````` Dated this the 25th day of November, 2011 J U D G M E N T ------------------------ Petitioners say that they made applications for assignment of two acres each of land comprised in Survey No.34/1 of Chinnakkanal village. In Ext.P8 judgment, in Writ Petition No.16359 of 2011, this court directed the second respondent to consider their applications for assignment in the light of the reports that are mentioned in the judgment. Accordingly, the matter was considered and their applications were rejected as per Ext.P9 order. Aggrieved by Ext.P9, petitioners filed Ext.P10 appeal, before the first respondent. From the seal on Ext.P10, it appears that the appeal was despatched on 21.11.2011. The appeal is pending and in the meanwhile 4th respondent has issued Ext.P11 enclosing Ext.P12 notice in form in C.C., and requiring the petitioners to vacate from the respective land within 48 hours. In these circumstances, this Writ Petition is W.P.(C) No.31595/2011 : 2 : filed. 2. I have heard the learned counsel appearing for the petitioners and Special Government Pleader appearing for the respondents. 3. From the facts noted above, it is evident that Ext.P10, the statutory appeal filed by the petitioners is pending consideration of the first respondent. Therefore, it is necessary that the said appeal should be disposed of in accordance with law and as expeditiously as possible. Therefore, I direct the first respondent to dispose of Ext.P10 appeal with notice to the parties concerned and as expeditiously as possible, at any rate, within 8 weeks of receipt of a copy of this judgment. In the meanwhile, I direct that Ext.P11 be kept under suspension. Petitioners to produce a copy of this judgment before respondents 1 and 4 for compliance. ANTONY DOMINIC, JUDGE ln