IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 WP(C).No. 12389 of 2008(Y) --------------------------------------- PETITIONER: ------------------- B-SIX HOLIDAY RESORT PVT. LTD., LAKSHMI, MUNNAR, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADV. SRI.M.R.ANANDAKUTTAN, SMT.M.HEMALATHA, SRI.R.S.MADHU, SRI.MAHESH ANANDAKUTTAN. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE, KERALA. 2. THE DISTRICT COLLECTOR, COLLECTORATE, IDUKKI. 3. THE SUB COLLECTOR, COLLECTORATE, IDUKKI. 4. THE VILLAGE OFFICER, ANAVIRATTY, DEVIKULAM, IDUKKI. BY SPL. GOVT. PLEADER SRI. D. ANIL KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/04/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ====================================== WRIT PETITION NO.12389 OF 2008 ====================================== Dated this the 10th day of April 2008 JUDGMENT Petitioner is in possession of certain extent of land in Anavaratti Village and the possession is sought to be justified by the petitioner by relying on Exts.P1 to P14. When Patta in respect of the land was ordered to be cancelled by Ext.P17, petitioner filed Ext.P21 appeal before the District Collector, Idukki and the said appeal is pending. According to the petitioner, during the pendency of the appeal, Ext.P20 has been issued by the Deputy Director of Survey, calling upon them to show cause as to why the order in S.A.768/1996 in the Survey Adalath shall not be cancelled. 2. Petitioner submits that since the subject matter of Ext.P20 is pending in appeal by Ext.P21, proceedings initiated by the Deputy Director of Survey is erroneous. 3. The subject matter of Ext.P21 appeal is cancellation of patta ordered by Ext.P17 and the proceedings mentioned in Ext.P20 is regarding survey. Therefore the subject matter of W.P.(C)12389/2008 2 Exts.P17 and P21 are not the same. In view of this, what is required to be done by the petitioner is to file his reply to Ext.P20 and to contest the matter before the authority who was issued Ext.P20. The writ petition is disposed of as above. ANTONY DOMINIC, JUDGE css/