WP(C).No. 34363 of 2009(M) IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 14TH JANUARY 2010 / 24TH POUSHA 1931 WP(C).No. 34363 of 2009(M) -------------------------- PETITIONERS: --------------- 1. VELLAKANNU, SON OF SANKARAPANDIAN, NAGAMALA. 2. NAGARAJ, SON OF SHANMUGHAM, PAPPATHICHOLA, CHINNAKANAL. 3. VINCENT, SON OF JOSEPH, NELLISSERY, CHOINNAKANAL. 4. MARIAMMA, WIFE OF ASEERVADON, SOORYANELLI, CHINNAKANAL. 5. ARUMUGOM, SON OF MUTHUKARUPPAN, SHANMUGHA VILASOM, SOORYANELLI. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENTS: --------------- 1. THE STATE OF KERALA, REP. BY PRINCIPAL SECRETARY(REVENUE), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, IDUKKI. 3. THE TAHSILDAR, UDUMPANCHOLA, IDUKKI. GOVERNMENT PLEADER SRI.M.P.SREEKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 34363 of 2009(M) APPENDIX PETITIONERS' EXHIBITS: EXHIBIT P1 : Patta dated 20/3/93 issued to the 1st petitioner. EXHIBIT P2 : Receipt dated 4/4/07. EXHIBIT P3 : Patta dated 20/3/93 issued to the 2nd petitioner. EXHIBIT P4 : Receipt of Tax in respect of the property. EXHIBIT P5 : Patta dated 20/3/93 issued to the 3rd petitioner. EXHIBIT P6 : Tax receipt issued to 3rd petitioner. EXHIBIT P7 : Patta dated 12/8/77 issued to the 4th petitioner. EXHIBIT P8 : Receipt dated 4/4/07. EXHIBIT P9 : Patta dtd.20/3/93 issued to the 5th respondent. EXHIBIT P10 : Receipt of tax dtd.4/4/07. EXHIBIT P11 : Notice received by the 3rd petitioner. EXHIBIT P12 : Notice dtd.1/2/08, issued to the petitioners by the 2nd respondent. EXHIBIT P13 : Notice dtd.7/3/08 issued by the 3rd respondent. EXHIBIT P14 : Representation dtd.15/3/08 submitted by the petitioners. EXHIBIT P15 : Notice dtd.13/3/08 issued by the 2nd respondent. EXHIBIT P16 : Judgment dtd.9/4/08 in W.P.(C)No.11302/08. EXHIBIT P17 : News paper report dtd.1/11/08 published in the Malayala Manorama daily, Kottayam edition. EXHIBIT P18 : News paper report dtd.2/11/08 published in Mathrubhoomi daily. EXHIBIT P19 : Order dtd.31/10/08 issued by the 2nd respondent. WP(C).No. 34363 of 2009(M) EXHIBIT P20 : Counter affidavit in W.P(C).No.32417/08. EXHIBIT P21 : Judgment dtd.15/12/2008 in W.P.(C)No.32417/08. EXHIBIT P22 : Notice dtd.13/1/2009 issued by the 2nd respondent. EXHIBIT P23 : Request made by the petitioners' counsel dtd.15/10/09. EXHIBIT P24 : Order passed by the 2nd respondent dtd.19/11/2009. RESPONDENTS' EXHIBIT: Exhibit R2(a) : Order of the District Collector True copy P.A.to Judge T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.34363 of 2009 ------------------------------------------------ Dated this the 14th day of January, 2010 JUDGMENT The petitioners claims to be permanent settlers of Chinnakanal village in Udumbanchola Taluk of Idukki District. They are claiming ownership and possession of various items of properties and documents Exts.P1 to P10 have been produced in support of their claim. By Ext.P24 the second respondent has directed resumption of the properties to the Government with the further direction to evict the petitioners. Aggrieved by the same the writ petition has been filed. When the matter came up on 1/12/2009 this court passed an interim order for a period of 2 weeks which is in the following terms: “In the meanwhile, the petitioner shall file an appeal in the Land Revenue Commissioner canvassing the correctness of Ext.P24 and produce a copy in this court”. Interim order was extended by one month on 14/12/2009. 2. Learned Government Pleader submits that in the light of the fact that an interim order was granted for enabling the petitioner to avail the remedy of appeal and no further extension need be granted and the writ petition can be closed with a W.P.(C)No.34363 of 2009 2 direction to appellate authority to dispose of the appeal. The petitioners will be free to move the appellate authority to get any interim orders in the appeal. If a motion is made seeking for such an order the appellate authority will consider and pass an order within a period of three weeks. Interim order passed by this court will continue to be in force for one month for enabling the petitioner to move the application for stay. The appeal will be considered and appropriate orders will be passed within a period of 4 months. The petitioner will produce a copy of this writ petition along with a copy of the judgment for compliance. T.R.RAMACHANDRAN NAIR, JUDGE skj