IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 WP(C).No. 19945 of 2008(Y) -------------------------- PETITIONER: -------------- 1. P.C.AHAMMED KUTTY HAJI, S/O.KUNHALI, PUTHIYA PURAYIL HOUSE KOLACHERY PO., THALIPARAMBA TALUK KANNUR DISTRICT. BY ADV. SMT.K.K.CHANDRALEKHA SRI.G. GOPAKUMAR RESPONDENTS: ------------------ 1. STATE OF KERALA, REP.BY THE SECRETARY DEPARTMENT OF REVENUE, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KANNUR 3. THE VILLAGE OFFICER, KOLACHERY VILLAGE KANNUR BY GOVERNMENT PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ================== W.P(C)No. 19945 of 2008 ================== Dated this the 23rd day of July, 2008. J U D G M E N T The petitioner is aggrieved by Ext.P6 order by which the petitioner has been directed to vacate certain properties mentioned therein, which is stated to be in the possession of the petitioner, on the ground that the same is Government land. The petitioner's contention is that these proceedings have been initiated on the ground that the property forms part of excess land to be surrendered by one Sri.P.P. Ummer Abdulla. The petitioner's contention is that petitioner has obtained Purchase Certificate in respect of property as per Suo-Motu proceedings No. 167/1975 of Land Tribunal No. 5 Irikkur. The petitioner is armed with Ext.P5 report of the 3rd respondent also which would certify that the property belongs to the petitioner as per the revenue records. The petitioner therefore contends that this property could not have been taken over as excess land of Sri.P.P. Ummer Abdulla. Detailing these contentions the petitioner has submitted Ext.P8 before the 2nd respondent. The petitioner seeks a direction to the 2nd respondent to consider and W.P(C)No. 19945 of 2008 - 2 - dispose of Ext.P8 expeditiously. 2. The learned Government Pleader submits that the District Collector may not be the appropriate authority to do the same. 3. Having heard both sides, I dispose of this writ petition with the following directions: The 2nd respondent shall either himself decide Ext.P8 or forward the same to the appropriate authority who is legally empowered to consider Ext.P8 who shall consider the same in accordance with law. The competent authority shall pass orders on Ext.P8 as expeditiously as possible at any rate within two weeks from the date of receipt of a copy of this judgment. Till orders are so passed Ext.P6 shall be kept in abeyance. S.SIRI JAGAN, JUDGE rhs