IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 6TH JULY 2010 / 15TH ASHADHA 1932 WP(C).No. 3223 of 2010(C) ------------------------- PETITIONER(S): --------------- 1. DAVID MATHEW, S/O. DAVID, AGED 56 , KUTITHARA VEEDU, KAKKANAD, ERNAKULAM. 2. N.M.STANLEY, S/O. N.C.MATHEW, AGED 61, NOCHIPARAMBIL VEEDU, KALOOR, ERNAKULAM. BY ADV. SRI.JOHNSON MANAYANI SRI.BENHUR JOSEPH MANAYANI RESPONDENT(S): --------------- 1. ASSISTANT EXECUTIVE ENGINEER, ROADS SECTION, P.W.D., ERNAKULAM. 2. DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD. ERNAKULAM. 3. STATE OF KERALA, REP. BY ITS CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. GOVERNMENT PLEADER SRI. P.N. SANTHOSH. SRI.M.S.ANIL KUMAR FOR ADDL.R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 3223 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 6th day of July, 2010. J U D G M E N T Petitioners are challenging Exts.P3 and P4 notices issued under the Kerala Land Conservancy Act and Rules, directing the petitioners to vacate certain land which, according to the respondents, the petitioners have encroached into. A counter affidavit has been filed in which the respondents have chosen to justify the action taken on the ground that the petitioners have encroached into road poramboke. The petitioners now submit that they may be given a reasonable time to file an appeal and get interim orders in that appeal before implementing Exts.P3 and P4 orders. 2. After having heard both sides, I am satisfied that this is a reasonable request. Accordingly, the writ petition is disposed of with the following direction: The petitioners may, if they so wish, file appeal against Exts.P3 and P4 as provided under the Kerala Land Conservancy Act. In order to enable them to file appeal and seek interim orders, I direct that coercive proceedings pursuant to Exts.P3 and P4 shall be kept in abeyance for three weeks from today. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.