IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 WP(C).No. 38059 of 2008(E) -------------------------------------- PETITIONER(S): --------------------- CHAPPANGATHIL CHEKKUTTY HAJEE, S/O.MOHAMMED, CHAPPANGATHIL HOUSE,PALATHINGAL, ULLANAM.P.O, MALAPPURAM DISTRICT. BY ADV. SRI.HARISH R. MENON SRI.K.T.SHYAMKUMAR RESPONDENT(S): ---------------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE ADDITIONAL TAHASILDAR,TALUK OFFICE, TIRURANGADI, MALAPPURAM DISTRICT. 3. THE ASSISTANT EXECUTIVE ENGINEER, IRRIGATION SUB DIVISION, PARAPPANANGADI, MALAPPURAM DISTRICT. ADDL.R4. THE TAHSILDAR, TIRURANGADI TALUK. (ADDL.R4 IS IMPLEADED BY JUDGMENT IN WPC NO.38059/08 DATED 6/1/2009) GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 38059 OF 2008 (E) ==================== Dated this the 6th day of January, 2009 J U D G M E N T The Tahsildar, Tirurangadi Taluk is suo moto impleaded as additional 4th respondent in this writ petition. 2. Petitioner states that as part of his registered holding, he is in possession of 1.75 cents of land in Sy.No.241/6(B) of Neduva Village of Tirurangadi Taluk. It is stated that when the 2nd respondent initiated proceedings for his eviction from the said land, under the provisions of the Land Conservancy Act, he filed his objection and the matter has been heard and orders have not been passed so far. In the meanwhile, the 3rd respondent by Ext.P6, called upon the petitioner to remove his movable and immovable properties from the said land. According to the petitioner, the 3rd respondent lacks jurisdiction to initiate such proceedings. Petitioner also contends that he has already made Ext.P7 application to the additional 4th respondent for assignment of the said land and that it is during the pendency of the said application that Ext.P6 proceedings have been initiated by the 3rd respondent. 3. Taking into account the above factual position as canvassed by the petitioner, it is ordered that the additional 4th respondent shall pass WPC 38059/08 :2 : orders on Ext.P7, if the same has been received and is pending. Orders shall be passed as expeditiously as possible with notice to the petitioner, at any rate within 4 weeks of production of a copy of this judgment. In the meanwhile, until orders are passed as above, further proceedings pursuant to Ext.P6 will be kept in abeyance. Petitioner may produce a copy of this judgment along with a copy of this writ petition before respondents 3 and 4 for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp