IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 16TH MARCH 2011 / 25TH PHALGUNA 1932 WP(C).No. 7010 of 2011(A) ----------------------------------- PETITIONER: -------------------- CHAMBA KUNJAHAMMED HAJI S/O.KUNHIMOIDEEN, CHAMBA HOUSE DARSHANA TALKIES ROAD, THRIKKULAM, CHEMMAD, TIRURANGADI - 676 306. BY ADVS. SRI.T.A.SHAJI SMT.MALU JOHN RESPONDENTS: ----------------------- 1. THE DISTRICT COLLECTOR MALAPPURAM- 676 505. 2. THE TAHSILDAR, TALUK OFFICE, TIRURANGADI- 676 505. 3. THE SECRETARY TO GOVERMENT REVENUE DEPARTMENT, GOVERNMENT OF KERALA SECRETARIAT, THIRUVANANTHAPURAM- 695 001. 4. TIRURANGADI GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY TIRURANGADI. P.O, MALAPPURAM DISTRICT- 676 505. R1 TO R3 BY GOVERNMENT PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - W.P(C) No.7010 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of March, 2011 J U D G M E N T The petitioner is one of the legal heirs of common owners of properties having an extent of 26 cents of land comprised in Resurvey No.359/5 of Tirurangadi Village. The said property was acquired for construction of a mortuary, as early as, in the year 1957. Ext.P1 award was passed pursuant to said proceedings. The contention of the petitioner is that none of the land owners were put to notice regarding the award. Nobody had claimed the compensation amount, it is further contended. The land acquired was not used for the purpose for which it was acquired. Later, the land in question was given to Tirurangadi Panchayat in the year 1972 and the Panchayat constructed building thereon. The said building was subsequently demolished. 2. Now, the contention of the petitioner is that the acquisition of the land in question was void ab initio. I do not propose to go into the merits of the contentions raised by the petitioner. Raising such a contention, he has filed a petition before the first respondent. Feeling aggrieved by the inaction on the said representation, he moved this W.P(C) No.7010 of 2011 --2-- Court by filing W.P(C) No.23152/2008 and the same was disposed of as per Ext.P6 judgment. Ext.P7 is the order passed in compliance with Ext.P6 judgment. As per Ext.P7, Ext.P5 petition was dismissed as not maintainable. Dissatisfied with and feeling aggrieved by Ext.P17 order, he preferred Ext.P8 appeal before the Government. One of the prayers in this writ petition is for issue of a writ of mandamus or any other appropriate writ, order or direction directing the respondents to restore possession of the properties comprised in R.S.No.359/5 of Thrikkulam amsom in Tirurangadi Village and Taluk in Malappuram District to the petitioner and his legal heirs of other co-owners of the property. 3. Though several reliefs have been sought for in this writ petition, the learned counsel appearing for the petitioner submits that the petitioner may be permitted to confine his prayers to one for a direction to the 3rd respondent to consider and pass orders on Ext.P8 appeal. 4. Admittedly, petitioner has preferred Ext.P8 appeal before the Government and the same is still pending before him. In view of the above submission, this writ petition is disposed of W.P(C) No.7010 of 2011 --3-- with a direction to the 3rd respondent to consider and pass orders on Ext.P3 expeditiously, at any rate, within a period of three months from the date of copy of this judgment. It is made clear that this Court has not made any observation with respect to the merits of the contentions of the petitioner. C.T.RAVIKUMAR, JUDGE KRK