IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 6TH SEPTEMBER 2011 / 15TH BHADRA 1933 WP(C).No. 23644 of 2011(E) -------------------------- PETITIONER(S): ---------------------- C.M.ABDUL KHADER, S/O.MUSTHAFA, AGED 46 YEARS, CHIRAYATH, 2ND MILE, PALLIVAASAL, MUNNAR, IDUKKI DISTRICT. BY ADV. SRI.DENIZEN KOMATH RESPONDENT(S): ------------------------- 1. REVENUE DIVISIONAL OFFICER, DEVIKULAM, IDUKKI. PIN - 685568. 2. ADDITIONAL TAHSILDAR, TALUK OFFICE, DEVIKULAM, IDUKKI. PIN – 685568.. 3. VILLAGE OFFICER, PALLIVAASAL VILLAGE, MUNNAAR, IDUKKI. PIN - 685568. SR.GOVT.PLEADER SMT.M.J.RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.23644/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: True photocopy of the rent receipts of the year 1978- 1987. EXT.P2: True photocopy of the rent payment receipts with the 3rd respondent. EXT.P3: True photocopy of the receipts of license fees paid by the petitioner with the Pallivaasal Grama Panchayat. EXT.P4: True photocopy of the tax payment receipts of the building under possession and enjoyment of the petitioner. EXT.P5: True photocopy of the certificates of ownership and residence issued by the Pallivaasal Grama Panchayat. EXT.P6: True photocopy of the notice under Rule 9 issued by the 2nd respondent to the petitioner dated 28.7.11. EXT.P7: True photocopy of the objection preferred by the petitioner before the 2nd respondent. EXT.P8: True phtocopy of the impugned order dt 19.8.11 and served on 24.8.11 issued vide reference number C1-11118/2011 (LC.10/2011)of the 2nd respondent. EXT.P9: True photocopy of the appeal memorandum preferred by the petitioner before the 1st respondent on 27.8.11. EXT.P9(a): True photocopy of the statutory application of stay of impugned proceedings under Section 16(7) of the Act. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 23644 OF 2011 ===================== Dated this the 6th day of September, 2011 J U D G M E N T Ext.P8 is the Form C notice issued under the provisions of the Kerala Land Conservancy Act and the Rules requiring the petitioner to vacate from the premises mentioned therein. Aggrieved by the said order, petitioner has filed Ext.P9 appeal invoking the appellate power under Section 16 of the Act. Along with the appeal, he has also filed Ext.P9(a) application for suspending further proceedings pursuant to Ext.P8. It is apprehending that during the pendency of the appeal and the stay petition, coercive action based on Ext.P8 will be initiated, the writ petition is filed. 2. I heard the learned Government Pleader appearing for the respondents also. 3. Admittedly, Ext.P9 is a statutory appeal. Therefore, I direct the 1st respondent to dispose of the same after issuing notice to the petitioner. This shall be done as expeditiously as possible at any rate within 6 weeks of production of a copy of this judgment along with a copy of the writ petition. It is directed that, WPC No. 23644/11 :2 : in the meanwhile, further proceedings pursuant to Ext.P8 shall be kept in abeyance. 4. Petitioner to produce a copy of this judgment along with a copy of the writ petition before respondents 1 and 2 for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp