IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 RP.No. 289 of 2010(P) --------------------- AGAINST THE ORDER IN WPC.24984/2009 Dated 09/02/2010 .................... REVIEW PETITIONER(S): PETITIONER -------------------------------- DR.BABU OOMMEN THOMAS VILLA HERITAGE, CHIRAKKAL,KANNUR - 670011 BY ADV. DR.BABU OOMMEN THOMAS(PARTY-IN-PERSON) RESPONDENT(S): --------------- 1. THE STATE OF KERALA REP.BY THE CHIEF SECRETARY TO THE GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. PRINCIPAL SECRETARY REVENUE (N) DEPARTMENT SECRETARIAT, TRIVANDRUM. 3. THE DISTRICT COLLECTOR, CIVIL STATION, KOZHIKODE, 4. THE TAHSILDAR, TALUK OFFICE,KOZHIKODE. BY SHRI R.SUDHAKARAPRASAD (ADVOCATE GENERAL) THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 24/05/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- R.P.No.289 OF 2010 in W.P.(C) No.24984 of 2009 --------------------------------- Dated this the 24th day of May, 2010 O R D E R This Review Petition is filed seeking for a review of the interim order dated 09.02.2010. 2. The petitioner contended that on the date on which the said order was passed, he was not heard. It is recorded in the order that he was actually heard. It is pointed out that under the guise of the interim order, various steps have been taken by the official respondents to issue ration cards, grant electricity connection, etc. 3. Heard the learned counsel for the petitioner and the learned Advocate General appearing for the respondents. While admitting the Writ Petition, this Court had passed an interim order dated 9.9.2009 in the following terms. “ ........... There will be an interim order staying the issue of pattas or execution of deeds of assignment in respect of the excess land surrendered by M/s Malabar R.P.No.289 OF 2010 in W.P.(C) No.24984/09 -2- Produce and Rubber Company Ltd. pursuant to the order passed by the Taluk Land Board, Kozhikode in TLB(K)19/73.” This was modified by an order dated 12.10.2009, which is in the following terms. “Heard both sides. It is clarified that the interim order passed by this Court is confined to actual issue of pattas and that all other proceedings including issue of assignment orders survey and demarcation of the land, etc. can go on.” 4. Therefore, already the interim order was clarified by order dated 12.10.2009 and the respondents were permitted to proceed with various steps except the issuance of pattas. By order dated 9.2.2010 what is permitted is only issuance of offer of assignment in Form No.18. It cannot be taken that the said order has resulted in the grant of pattas. 5. In that view of the matter, there is no apparent error in the order passed by this Court. If the petitioner has got any R.P.No.289 OF 2010 in W.P.(C) No.24984/09 -3- other grievance, he will have to file appropriate interlocutory applications in the Writ Petition which is still pending. The Review Petition is therefore dismissed. 6. The petitioner then sought for a posting of the Writ Petition on 28.6.2010. W.P.(C)No.24984/2009 will be posted along with connected Writ Petitions on 28.6.2010. T.R.RAMACHANDRAN NAIR, JUDGE. dsn