IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 30TH JANUARY 2008 / 10TH MAGHA 1929 WP(C).No. 3429 of 2008(G) ------------------------- PETITIONER: ------------ INSTITUTE OF BROTHERS OF ST.GABRIEL, CHINNAKANAL, IDUKKI, REPRESENTED BY ITS REGIONAL SUPERIOR, BROTHER THOMAS.K.K., PRINCIPAL MONT FORT SCHOOL, CHINNAKANAL. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENTS: ------------- 1. THE TAHSILDAR, UDUMBANCHOLA, IDUKKI. 2. THE SUB COLLECTOR, DEVICOLAM, IDUKKI. BY GOVERNMENT PLEADER SRI D. ANILKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 3429 of 2008 ------------------------------------- Dated: January 30, 2008 JUDGMENT Petitioner's congregation have established a school in Chinnakanal village in the property covered by Exts.P1 to P5. Petitioner submits that adjacent to the said property, there is a vacant plot of land with an extent of 13 acres which was used for incidental purposes of the school. Proceedings were initiated by issuing Ext.P6 on the allegation that the petitioner had encroached into the aforesaid land and finally Ext.P7 order in Form CC was passed requiring the petitioner to vacate from the said property. On receipt of Ext.P7 they have filed an appeal to the 2nd respondent under sec.16 of the Land Conservancy Act. Ext.P8 is the copy of the appeal said to have been filed by the petitioner. On this basis petitioner seeks an order requiring the 2nd respondent to pass expeditious orders on the appeal. 2. Learned Government Pleader appearing on behalf of the respondents submits that the property was Government property WP(C) 3429/08 Page numbers and that the possession of the same was taken over on 24.1.2008. It is also submitted that the 2nd respondent has confirmed that they have not so far received Ext.P8. 3. In view of the submissions that are made before me, I dispose of this writ petition directing that within one week from today it will be open to the petitioner to file a fresh appeal against Ext.P7 to the 2nd respondent, in which case, the 2nd respondent shall consider the same on merits and pass orders thereon with notice to the petitioner. This shall be done as expeditiously as possible, at any rate, within four weeks from the date of receipt of such appeal. Until the appeal is finally disposed of, the status quo as on date, in so far as the land, possession of which has already been taken over, is concerned, will be maintained by the respondents. ANTONY DOMINIC, JUDGE mt/-