IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 22ND SEPTEMBER 2010 / 31ST BHADRA 1932 WP(C).No. 29178 of 2010(V) -------------------------- PETITIONER(S): --------------- 1. FATHIMA,AGED 65 YEARS,W/O.MYITHEEN(LATE) RESIDING AT KAMBAKUDY HOUSE,P.O.NELLIKUZHY, KOTHAMANGALAM,ERNAKULAM DISTRICT. 2. MUHAMMED,AGED 49 YEARS,S/O.MYTHEEN, RESIDING AT KAMBAKUDY HOUSE,P.O,NELLIKUZHY, KOTHAMANGALAM,ERNAKULAM DISTRICT,PIN-686 691. 3. ABDUL KHADER,AGED 47 YEARS, S/O.MYTHEEN,RESIDING AT KAMBAKUDY HOUSE,P.O. NELLIKUZHY,KOTHAMANGALAM,ERNAKULAM DISTRICT. 4. SUHRA,AGED 45 YEARS,W/O.JAMAL, AKKULAMATTOM,RESIDING AT KAMBAKUDY HOUSE, P.O.,NELLIKUZHY,KOTHAMANGALAM,ERNAKULAM DISTRICT-686 691. 5. SAINUDEEN,AGED 40 YEARS,S/O.MYTHEEN, RESIDING AT KAMBAKUDUY HOUSE,P.O.NELLIKUZHY, KOTHAMANGALAM,ERNAKULAM DISTRICT-686 691. 6. AYISHA,AGED 37 YEARS,W/O.YUNUS, RESIDING AT KAMBAKUDY HOUSE,P.O.,NELLIKUZHY, KOTHAMANGALAM,ERNAKULAM DISTRICT-686 691. 7. HAMEED,AGED 35 YEARS,S/O.MYTHEEN, RESIDING AT KAMBAKUDY HOUSE,P.O,NELLIKUZHY, KOTHAMANGALAM,ERNAKULAM DISTRICT-686 691. 8. RUKHIYA,AGED 33 YEARS,W/O.MEERAN, RESIDING AT KAMBAKUDY HOUSE,P.O.NELLIKUZHY, KOTHAMANGALAM,ERNAKULAM DISTRICT-686 691. 9. NAVAS,AGED 30 YEARS,S/O.MYTHEEN, RESIDING AT KAMBAKUDY HOUSE,P.O.,NELLIKUZHY, KOTHAMANGALAM,ERNAKULAM DISTRICT-686 691. BY ADV. SMT.P.SHYNI SMT.ASHA ELIZABETH MATHEW SRI.K.M.ABDUL MAJEED SRI.MUHAMMED SUHAILKHAN SRI.V.SALIM RAJ MOHAN /2/ RESPONDENT(S): --------------- 1. THE STATE OF KERALA,REPRESENTED BY THE SECRETARY,REVENUE DEPARTMENT,THIRUVANANTHAPURAM, PIN-695001. 2. THE DISTRICT COLLECTOR,ERNAKULAM, PIN-682030. 3. THE TAHSILDAR,KOTHAMANGALAM, PIN-686691. 4. THE VILLAGE OFFICER,ERAMALLOOR VILLAGE, ERAMALLOOR-686 532. BY GOVT. PLEADER SRI. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.29178 OF 2010(V) -------------------------------------------------- Dated this the 22nd day of September, 2010 J U D G M E N T Petitioner's grievance is against Ext.P10, an order passed by the Tahsildar ordering eviction of the petitioners from the property in Sy. no.465/1 of Eramallur Village. 2. According to the petitioners in respect of the property in question they were issued Patta and that against the order cancelling the same they have preferred an appeal which is still pending consideration of the Land Revenue Commissioner. It is stated that one of the petitioners was issued Ext.P8 notice, on receipt of which Ext.P9 reply was filed. It is stated that without considering the contentions raised, Ext.P10 order has been issued in violation of the provisions contained in the Kerala Land Conservancy Act. 3. Irrespective of the contentions now raised, fact remains that Ext.P10 order of eviction is appealable under Section 16 of the Land Conservancy Act and such appeal is to be filed before the Revenue Divisional Officer. In that view of the matter, I do not think it necessary for this court to entertain a challenge against WPC.No. 29178/2010 :2 : Ext.P10. 4. Therefore, the writ petition is disposed of directing that it will be open to the petitioners to file an appeal against Ext.P10 before the Revenue Divisional Officer, within 4 weeks from today. It is directed that subject to the filing of the appeal as above, till the disposal of the same, further proceedings pursuant to Ext.P10 will be kept in abeyance. Petitioners shall produce a copy of the judgment along with a copy of the writ petition before the 3rd respondent for compliance. (ANTONY DOMINIC) JUDGE vi/