IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 11TH AUGUST 2010 / 20TH SRAVANA 1932 WP(C).No. 25205 of 2010(A) -------------------------- PETITIONER(S): --------------- 1. RAJU MENON, MYTHRI ADVERTISING, GIRINAGAR, KADAVANTHRA, COCHIN-20. 2. SAJAN ABRAHAM, MYTHRI ADVERTISING, GIRINAGAR, KADAVANTHRA, COCHIN-20. 3. MUKUNDANUNNI, MIDHILA, CHANDRA NAGAR, BEHIND HDFC, PALAKKAD. 4. C.MUTHU, I, NAMASITHA APPARTMENTS, PANAMPILLY LINK ROAD, COCHIN-20. 5. SHASHIKUMAR, VANSHIKA APPARTMENTS, PANAMPILLY LINK ROAD, COCHIN-20. 6. RAJESWARI NAIR, W/O.MURALEEDHARAN NAIR, VANASHIKA APARTMENTS, PANAMPILLY LINK ROAD,COCHIN-20. 7. SHARAD NAIR, NAMASITHA APPARTMENTS, PANAMPILLY LINK ROAD, COCHIN-20. 8. M/S.DESADAN RESORTS, 4TH FLOOR, SOUTH SQUARE BUILDING, PANAMPILLY NAGAR, REP.BY ITS MANAGING PARTNER, SHARAD NAIR. BY ADV. SRI.GEORGE THOMAS (MEVADA), SENIOR ADVOCATE SRI.RAYNOLD FERNANDEZ SRI.SUSHEEL JOSEPH CYRIAC SRI.MANU GEORGE KURUVILLA RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER FOR LAND REVENUE, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, IDUKKI, PAINAVU, IDUKKI DISTRICT. 4. THE TAHASILDAR, DEVICOLAM TALUK, IDUKKI DISTRICT. 5. THE SPECIAL TAHASILDAR (LA), DEVICOLAM, IDUKKI DISTRICT. GOVT. PLEADER SRI. M.P. SREEKRISHNA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 25205 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 11th day of August, 2010. J U D G M E N T Heard the learned counsel for the petitioners and the learned Government Pleader. 2. The petitioners challenge Ext. P12 order of the District Collector, Idukki wherein patta issued to the petitioners' predecessors-in-interest in respect of the property now owned by the petitioners has been cancelled on the ground that the assignment itself was in violation of the Cardamom Hill Reserve Norms. According to the petitioners, the property in question is not a part of the cardamom hill reserve. 3. I am of opinion that insofar as Ext. P12 is an order cancelling the patta issued under the Kerala Land Assignment Rules, the petitioners have a right of appeal against that order as provided under Rule 21 of the Kerala Land Assignment Rules and therefore the petitioners have to exhaust that remedy first. In the above circumstances, this writ petition is disposed of without prejudice to the right of the petitioners to file an appeal against Ext. P12 order and to seek interim orders. In order to enable the petitioners to file an appeal and seek interim orders, the implementation of Ext. P12 order shall be kept in abeyance for a period of one month. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.