IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 6TH OCTOBER 2010 / 14TH ASWINA 1932 WP(C).No. 30636 of 2010(D) -------------------------- PETITIONER(S): -------------------- THIRUMENI, S/O. JANARDHANAN, MANNAMKUDI HOUSE, NADUVATTOM P.O., KANNIMANGALAM, KALADY, PIN-683 574. BY ADV. SRI.M.A.ABDUL HAKHIM RESPONDENT(S): ----------------------- THE TAHSILDAR, ALUVA, ERNAKULAM DISTRICT. GOVT.PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2010, ALONG WITH WPC NO.30640/10, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NOs. 30636 & 30640 OF 2010 (D) ============================= Dated this the 6th day of October, 2010 J U D G M E N T In WP(C) No.30636/10, the challenge is against Ext.P5 order passed by the respondent cancelling patta in respect of 0.10.91 hectares of land in RS No.156/ 3-5 of Ayyampuzha Village. In WP (C) NO.30640/2010, the challenge is against Exts.P5 and P6, by which orders, patta in respect of 0.41.03 hectares in RS No.41 of Malayattoor Village and 0.46.11 hectares of land in RS No.37/6 of Malayattoor Village were cancelled. 2. Having regard to the fact that under the provisions of the Kerala Land Assignment Rules, a right of appeal before the Revenue Divisional Officer is available to the petitioners, I do not think it necessary for this Court to entertain challenge against the aforesaid orders. 3. In that view, the writ petitions are disposed of with the following directions; (1) That it will be open to the petitioners to file appeals within two weeks from today, in which event, the appellate authority will consider the appeals and dispose of the same in WPC No. 30636 & 30640/10 :2 : accordance with law and with notice to the parties concerned. (2) Now that the appeal period has expired, it is made clear that it will be open to the petitioners to seek condonation of delay, in which event, that applications should also be dealt with on merits in accordance with law. (3) It is directed that subject to the filing of appeals as above, status quo as on date in so far as the aforesaid lands shall be maintained except the use of weigh bridge. (4) However, this judgment will not enable the petitioners to carry on quarrying or any other activity except use of the weigh bridge in the land in question. It is made clear that if there is any violation of this direction, it is open to the authorities to take appropriate action in accordance with law. (5) Petitioners shall produce a copy of this judgment along with a copy of these writ petitions before the respondent for compliance. ANTONY DOMINIC, JUDGE Rp