IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 21ST MAY 2008 / 31ST VAISAKHA 1930 WP(C).No. 14843 of 2008(P) -------------------------- PETITIONERS: ----------------------- 1. MOHANAKUMAR,S/O.PRATHAPA CHANDRA VARMA, ARANYA VEEDU,KOCHU KADAVANTHARA, ELAMKULAM,ERNAKULAM. 2. VIJAYAKUMAR,S/O.VASUDEVAN PILLAI, THACHAMPARAMBIL VEEDU, PLAPPUZHA,HARIPAD. 3. AJITH KUMAR,S/O.GOVINDA PILLAI, ASWATHY,VADAKKEKARA ANAPARAMBA, THALAVADY,KUTTANAD TALUK. BY ADV. SRI.K.RAVIKUMAR RESPONDENTS: 1. THE DISTRICT COLLECTOR, IDUKKI. 2. THE TAHSILDAR, UDUMBANCHOLA. 3. THE VILLAGE OFFICER, CHINNAKKANAL VILLAGE. BY GP SRI. D. ANIL KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J = = = = = = = = = = = = = = = = W.P.(C).No. 14843 OF 2008 = = = = = = = = = = = = = Dated this the 21st day of May, 2008. J U D G M E N T The petitioner is aggrieved by the proceedings initiated by the 2nd respondent under the Kerala Land Conservancy Act, pursuant to which the petitioner has been directed to demolish a part of the building constructed by the petitioner. Against Ext.P11 order, in this regard, the petitioner has filed Ext.P12 appeal before the first respondent along with a stay petition. The petitioner's grievance is that the petitioner has not been given sufficient opportunity to state his case before passing Ext.P11 order. According to the petitioner he has valid ground against the alleged proceedings and therefore the 1st respondent is bound to consider and dispose of Ext.P12 expeditiously. He also seeks stay of demolition of petitioner's building, pending disposal of Ext.P12 appeal. 2. I have heard the learned Government pleader also. 3. I am of the opinion that since Ext.P12 appeal is pending it is only appropriate that the 1st respondent considers W.P.(C).No. 14843 OF 2008 2 and passes orders on the same as expeditiously as possible. Accordingly there will be a direction to the 1st respondent to consider and pass appropriate orders on Ext.P12 after affording an opportunity of being heard to the petitioner, which shall include opportunity of adducing evidence also, as expeditiously as possible at any rate within three months from the date of receipt of a copy of this judgment. Till Ext.P13 appeal is disposed of as directed above, further proceedings pursuant to Ext.P11 shall be kept in abeyance. Learned Government Pleader submits that the respondents have got a case that the pattayam on the basis of which the petitioner claims title to the property in question itself is a bogus pattayam and appropriate steps are being taken to cancel the said pattayam in accordance with law. I make it clear that the above direction will not stand in the way of the respondent taking appropriate proceedings in that regard in accordance with law but it shall be only after affording adequate opportunity to the petitioner to contest the case. S.SIRI JAGAN, JUDGE bkn/-