IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 23RD DECEMBER 2010 / 2ND POUSHA 1932 WP(C).No. 38490 of 2010(I) -------------------------- PETITIONER(S): --------------- 1. MANGATTUKANDI KADEESABI, W/O.LATE P.N.MAMMED KOYA, P N M ENTERPRISES, AZHEEKAL ROAD, PALLIKANDI, KOZHIKODE 3. 2. P.N.ASHRAF, S/O.P.N.MAMMED KOYA, P N M ENTERPRISES, AZHEEKAL ROAD, PALLIKANDI, KOZHIKODE 3. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): --------------- 1. THE VILLAGE OFFICER, NAGARAM, KOZHIKODE.-673001 2. THE TAHSILDAR, KOZHIKODE.-673001 3. THE DISTRICT COLLECTOR, KOZHIKODE.-673001 4. CORPORATION OF KOZHIKODE, REP. BY ITS SECRETARY.-673001 5. STATE OF KERALA, REP. BY THE SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM.-695001 ADV. SRI.P.V.SURENDRANATH FOR R4 SRI.K.D.BABU, SC FOR R4 GOVERNMENT PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 38490 of 2010 I ``````````````````````````````````````````````````````` Dated this the 23rd day of December, 2010 J U D G M E N T In this writ petition, challenge is against Exts.P10 and P13 proceedings issued by the second respondent, exercising his powers under the Kerala Land Conservancy Act. Petitioners also seek a declaration that 25 cents of land purchased and possessed by the first petitioner pursuant to Ext.P3 and comprised in Resurvey No.15-12-300 is not a puramboke land. 2. In my view, as far as the declaratory relief sought for is concerned, such a relief can be granted only after adjudication of various factual questions and an appreciation of evidence. Such exercise cannot be undertaken in a proceedings under Article 226 of the Constitution of India and, therefore, this relief is to be declined and I do so. 3. As far as the challenge against Exts.P10 and P13 is concerned, these orders were issued under the provisions W.P.(C) No.38490/10 : 2 : of the Kerala Land Conservancy Act. Although Ext.P10 passed during the pendency of W.P.(C) No.17232/2007, is dated 12-07-2007, that order attained finality only while the issuance of Ext.P13 dated 21-12-2009. These orders are appealable and having regard to the consequences of these orders, despite the lapse of time, I feel that justice demands that the petitioner should be afforded an opportunity to pursue appellate remedies available under the Kerala Land Conservancy Act. 4. Therefore, I direct that further proceedings pursuant to Exts.P10 and P13 will be kept in abeyance for a period of four weeks from today and that, in the meanwhile, if the petitioners file an appeal as contemplated under the Kerala Land Conservancy Act before the appellate authority, the same will be treated as one filed within time and entertained on merits. During the aforesaid period, it will be open to the petitioners to seek such interlocutory orders for safeguarding their interests. W.P.(C) No.38490/10 : 3 : 5. Petitioners shall produce a copy of this judgment and writ petition before the appellate authority for compliance. Writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) aks