IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 WP(C).No. 30895 of 2008(C) ---------------------------------------------- PETITIONER(S): ---------------------- K.V.JAYAN, AGED 40 YEARS, S/O.LATE K.K.VIJAYAN, KAITHAVALAPPIL, NAYARAMBALAM, KOCHI. BY ADV. SRI.N.K.MOHANLAL RESPONDENT(S): -------------------------- 1. COMMISSIONER OF LAND REVENUE, TRIVANDRUM. 2. DISTRICT COLLECTOR, ERNAKULAM. 3. THASILDAR (RR), KOCHI TALUK. 4. VILLAGE OFFICER, NAYARAMBALAM VILLAGE. 5. M.V.JOSE, MADATHIPARAMBIL HOUSE, NAYARAMBALAM. R1 TO R4 BY GOVERNMENT PLEADER SHRI BEJOY CHANDRAN. ADV. SRI.DINESH R.SHENOY FOR R5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 30895 OF 2008 C -------------------------------------- Dated this the 31st October, 2008 JUDGMENT The property of the petitioner came to be sold in a revenue sale under the Revenue Recovery Act. Petitioner has preferred Ext.P1 Revision Petition under Section 83 of the Kerala Revenue Recovery Act. It is accompanied by an application to condone delay and also an application for stay. There is a Counter Affidavit filed by the fifth respondent, auction purchaser. 2. I heard Shri N.K. Mohanlal, learned counsel appearing for the petitioner, Shri Dinesh R. Shenoy, learned counsel appearing for the fifth respondent and also the learned Government Pleader. I feel that a decision should be taken on the application for condonation of delay. In view of the fact that there is an order passed for taking possession, the matter should receive urgent attention of the first respondent. Accordingly, the Writ Petition is disposed of as follows: WPC.30895/08 C 2 The first respondent will consider and take a decision on the delay petition in Ext.P1, after affording an opportunity of hearing to the petitioner and also to the fifth respondent. Petitioner and the fifth respondent or their representatives shall be present before the first respondent at 11 A.M. on 7.11.2008. The first respondent will proceed to consider the delay petition and take a decision in accordance with law. Learned counsel for the fifth respondent submits that till a decision is taken in the delay petition, possession will not be taken. This is recorded. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge