IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 WP(C).No. 5962 of 2008(I) ------------------------- PETITIONER: ------------ N.S.S.KARAYOGAM NO.2147, SREEKANTESWARAM WARD, TRIVANDRUM, REPRESENTED BY ITS SECRETARY, P.CHANDRASEKHARAN NAIR, S/O.M.N.PARAMESWARAN PILLAI, AGED 71 YEARS, RESIDING AT PULLAMATOM, T.C.28/1475, SREEKANTESWARAM, TRIVANDRUM. BY ADV. SRI.R.S.KALKURA SRI.M.S.KALESH SRI.HARISH GOPINATH SRI.V.VINAY MENON SRI.M.AJAY (IRUMPANAM) RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, REVENUE, GOVT. OF KERALA, SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, TRIVANDRUM. 3. THE REVENUE DIVISIONAL OFFICER, TRIVANDRUM. 4. ADDITIONAL TAHSILDAR, TALUK OFFICE, TRIVANDRUM. BY GOVERNMENT PLEADER SRI I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 5962 of 2008 ------------------------------------- Dated: February 20, 2008 JUDGMENT Exts.P5(1) and P5(2) are the proceedings under challenge. According to the learned Government Pleader, these proceedings have been issued under the Kerala Land Conservancy Act. By these the petitioner has been asked to vacate from the premises within three days of receipt of the notice. It is challenging this, mainly relying on the judgment of the civil court, that this writ petition has been filed. 2. In my view, since the proceedings impugned are issued under the Kerala Land Conservancy Act, the petitioner has a right of appeal in terms of sec.17 thereof. Therefore, it is for the petitioner to pursue the appellate remedy so available. 3. In order to enable the petitioner to avail of the appellate remedy under sec.17, I direct that further proceedings pursuant to Exts.P5(1) and P5(2) will be deferred for a period of three weeks from today. In the meantime, it will be open to the petitioner to pursue the appellate remedy and seek interlocutory orders WP(C) 5962/08 Page numbers safeguarding its interests. 4. Petitioner also prays that though proceedings No.VI-2- 31242/06 were initiated against them, they have not been issued any order in those proceedings. If, as a matter of fact, any final order has been passed by the District Collector in the proceedings referred above, I also direct that the District Collector shall communicate a copy of the order in that proceedings as well. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE mt/-