IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 WP(C).No. 20738 of 2008(R) ------------------------------------- PETITIONERS : -------------------- 1. C.V. WILLIAM, S/O LATE C.C. VARGHESE, CHERIYAKADAVIL HOUSE,SOUTH CHITTUR P.O., KOTHAD, COCHIN - 682 027. 2. C.V. JOY, S/O LATE C.C. VARGHESE, CHERIYAKADAVIL HOUSE, SOUTH CHITTUR P.O., KOTHAD, COCHIN - 682 027. BY ADV. SRI.N.N.SUGUNAPALAN (SR.) SRI.S.SUJIN RESPONDENTS : ---------------------- 1. KADAMAKUDY GRAMA PANCHAYATH, PIZHALA P.O., ERNAKULAM DISTRICT -REPRESENTED BY ITS SECRETARY. 2. THE SPECIAL GRADE SECRETARY, KADAMAKUDY GRAMA PANCHAYATH, PIZHALA P.O., ERNAKULAM DISTRICT 3. TAHSILDAR, KANAYANNOOR TALUK, ERNAKULAM. 4. THE REVENUE DIVISION OFFICER, FORT COCHIN, ERNAKULAM DISTRICT. 5. STATE OF KERALA-REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY SENIOR GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ============== W.P.(C).No. 20738 OF 2008 ==================== Dated this the 10th day of July, 2008. J U D G M E N T Proceedings under the Kerala Land Conservancy Act have been initiated against the petitioners which have culminated in Ext.P8 order, directing the petitioners to vacate certain properties in the possession of the petitioners on the ground that the same is Government land. Against the same, petitioners filed Ext.P9 appeal before the 4th respondent along with a stay petition. Petitioners seek a direction to the 4th respondent to consider and pass appropriate orders on Ext.P9 appeal and to stay further proceedings pursuant to Ext.P8 order in the meanwhile. 2. I have heard the learned Government Pleader also. 3. When a party files an appeal and stay petition, the 4th respondent has a duty to consider and pass orders on the same expeditiously. Accordingly, the writ petition is disposed of with the following directions: The 4th respondent shall consider and pass orders on Ext.P9 appeal, as expeditiously as possible, at any rate within two W.P.(C).No. 20738 OF 2008 2 months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioners. The 4th respondent shall also consider and pass orders on the stay petition accompanying Ext.P9 appeal, within two weeks from the date of receipt of a copy of this judgment. Till orders are passed on the stay petition, further proceedings pursuant to Ext.P8 shall be kept in abeyance. The petitioner shall forward a certified copy of this judgment along with a copy of the writ petition to the respondent for compliance. S.SIRI JAGAN, JUDGE bkn/-