IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 1ST MARCH 2011 / 10TH PHALGUNA 1932 WP(C).No. 5117 of 2011(L) ------------------------- PETITIONERS: --------------- 1. THADAPPARAMBIL ALAVI, S/O.AHMMED, THADAPPARAMBIL, KUMARANALLOOR POST, KOZHIKODE DISTRICT. 2. POOZHIYOREMMAL KALLYANI, D/O.BICHEERAN, THADAPPARAMBIL, KUMARANALLOOR POST, KOZHIKODE DISTRICT. 3. KANNANKUTTY, S/O.KANNANKUTTY, THADAPPARAMBIL, KUMARANALLOOR POST, KOZHIKODE DISTRICT. 4. GOPALAN, S/O.PIRUNGACHI, PARATHAMPARAMBATH HOUSE, ALLI DESOM, KUMARANALLOOR POST, KOZHIKODE DISTRICT. BY ADV. MR. C.VALSALAN MR. K.RAKESH ROSHAN MS. THUSHARA.V RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY THE PRINCIPLE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE LAND REVENUE COMMISSIONER PUBLIC OFFICES BUILDING, THIRUVANANTHAPURAM-695 001. 3. THE DISTRICT COLLECTOR, KOZHIKODE COLLECTORATE, CIVIL STATION, KOZHIKODE-673 002. 4. THE TAHSILDAR, KOZHIKODE TALUK, CIVIL STATION, KOZHIKODE, PIN-673 002. 5. MR.V.M.MICHAEL, VEETHIYANKAL HOUSE, THEKKUMKUTHY, P.O.ALLI, KOZHIKODE DISTRICT, PIN-673 603. 6. MR.BABU MATHEW, KARAPPILLILA HOUSE, P.O.KOOMBARA, KOZHIKODE DISTRICT, PIN-673 630. BY SENIOR GOVERNMENT PLEADER MR. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No. 5117 OF 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 1st day of March, 2011 JUDGMENT The petitioners are stated as aggrieved of the cancellation of 'patta' as per Ext. P5 order, alleging some infringement of the conditions stipulated in the title deed. Being aggrieved of Ext. P5, the petitioners have already preferred Exts. P6 to P10 statutory appeals along with Exts. P6(a) to P10 (a) stay petitions, which are stated as pending consideration before the second respondent. 2. The learned Government Pleader appearing for the respondents submits that, the appeals are being kept pending, only because of the doubt expressed from the part of the petitioners themselves as to the maintainability of the appeals, especially with reference to the provisions quoted in Ext. P5 order. It is stated that the appeals are very much maintainable as provided under Rule 21 of the Land Assignment Rules, though there occurred a mistake while quoting the provision in Ext. P5, which is not material. In the said circumstances, the second respondent is directed to consider and pass appropriate orders on Ext. P6 to P10 appeals in accordance with law, after giving an opportunity of hearing, as W.P. (C) No. 5117 of 2011 2 expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. It is made clear that 'status quo' will continue till such time. The Writ Petition is disposed of. P. R. RAMACHANDRA MENON, JUDGE kmd