IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 WP(C).No. 23848 of 2009(A) -------------------------- PETITIONER(S): --------------- 1. SEBASTIAN M.J., S/O.JOSEPH, AGED 40 YEARS, RESIDING AT MOOLECHALIL HOUSE, PLASSANAL P.O., MEENACHIL TALUK,KOTTAYAM DISTRICT. 2. BONY ANTONY, RESIDING AT CHERUVALLIL KIZHAKKETHIL HOUSE, PLASSANAL P.O., MEENACHIL TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.P.C.HARIDAS RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, KOTTAYAM. 3. TAHSILDAR, KOTTAYAM. 4. VILLAGE OFFICER, ETTUMANOOR. GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.23848 of 2009 -------------------------- Dated this the 25th August,2009 J U D G M E N T Petitioner challenges Ext.P9 notice issued under the Land Conservancy Act. One of the grounds of challenge is that Ext.P9 was not accompanied by an order explicitly giving the reasons for taking action under the Act. 2. Today learned counsel for the petitioners submits that the petitioners have been served with a detailed order passed on 23/8/2009. Remedy of the petitioner is to challenge the said order by way of an appeal. He is at liberty to do so. In the result, further proceedings pursuant to Ext.P9 shall be kept in abeyance for a period of one month from today and thereafter enforcement of the same shall abide by any orders that the appellate authority may pass in this regard. It is made clear that the petitioner shall not put up any constructions in the property scheduled to Ext.P9 in the meanwhile. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma 2 3