IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 9TH FEBRUARY 2010 / 20TH MAGHA 1931 WP(C).No. 4244 of 2010(E) ------------------------- PETITIONER(S): --------------- RAMA VARMA CLUB, CLUB ROAD, ERNAKULAM, REP. BY ITS SECRETARY, M.MUKUNDAN, S/O.LATE T.SIVASANKARA MENON. BY ADV. SRI.T.KRISHNAN UNNI, SENIOR ADVOCATE SRI.R.RAMADAS RESPONDENT(S): --------------- 1. REVENUE DIVISIONAL OFFICER, COCHIN. 2. THE TAHSILDAR, KANAYANNOOR TALUK, ERNAKULAM. BY GOVT. PLEADER SRI.P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R RAMACHANDRAN NAIR, J. ------------------------- W.P (C) No.4244 of 2010 -------------------------- Dated this the 9th February, 2010 J U D G M E N T Petitioner is the Secretary of the Rama Varma Club, Ernakulam. Pursuant to the proceedings initiated under the Land Conservancy Act, the Tahasildar has passed an order Ext.P3 which is served on 2.2.2010, whereby, the objection raised by the Club stands rejected and it is ordered that proceedings under the Land Conservancy Act for evicting the Club from 58 cents of land in Sy. No.1550 of Ernakulam village is being taken under Section 11 (1) (ii) of the Land Conservancy Act. 2. Aggrieved by the same, the petitioner has filed an appeal, as per Ext.P5, before the Revenue Divisional Officer, Kochi invoking Section 16 (1) (b) of the Act. The grievance raised by the petitioner in this writ petition is that in the meanwhile by Ext.P4 dated 8.2.2010, which is served on the same day, notice has been issued by the Additional Tahasildar under Form (C) directing to vacate the land within 48 hours and if not to face summary W.P (C) No.4244 of 2010 2 eviction. 3. Learned Senior Counsel appearing for the petitioner submitted that unless the impugned orders Exts.P3 and P4 notices are kept in abeyance till the petitioner is heard on the appeal, it will defeat the rights of the petitioner in prosecuting the appeal and hardship will be caused in the functioning of the Club itself. 4. Heard the learned Government Pleader appearing for the respondents also. 5. There will be a direction to the Revenue Divisional officer to take a decision on Ext.P5 appeal on merits, within a period of one month from the date of receipt of a copy of this judgment, after hearing the petitioner. In the meanwhile, further action pursuant to Exts.P3 and P4 will be kept in abeyance till orders are passed and communicated. The writ petition is disposed of as above. T.R RAMACHANDRAN NAIR, JUDGE ma W.P (C) No.4244 of 2010 3 W.P (C) No.4244 of 2010 4