IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 25TH FEBRUARY 2011 / 6TH PHALGUNA 1932 WP(C).No. 5932 of 2011(N) ------------------------- PETITIONER(S): --------------- M.N.KOCHU MUHAMMED S/O. NAYANA, RESIDING AT MURIYANKARA HOUSE, KAKKANAD VILLAGE, THENGODE.P.O., KANAYANNOOR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE RESPONDENT(S): --------------- 1. THE LAND REVENUE COMMISSIONER, BOARD OF REVENUE, THIRUVANANTHAPURAM-1. 2. THE DISTRICT COLLECTOR, COLLECTORATE, ERNAKULAM-682011. 3. THE REVENUE DIVISIONAL OFFICER, ERNAKULAM-682011. BY GOVT. PLEADER SRI.P.NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No. 5932 of 2011 ------------------------------- Dated this the 25th day of February, 2011 J U D G M E N T By Ext.P2 order passed on 8.11.2010 under the provisions of the Kerala Land Conservancy Act, 1957, the Revenue Divisional Officer, Fort Kochi directed eviction of the petitioner from the poramboke land which according to the Revenue Divisional Officer was in the petitioner's possession and enjoyment. By the said order, the Revenue Divisional Officer also authorised the Additional Tahsildar, Kanayannoor Taluk to take possession of the property. Aggrieved thereby, the petitioner filed an appeal before the District Collector. By Ext.P3 letter dated 10.12.2010, he was informed that the appeal cannot be entertained. Aggrieved thereby, the petitioner has filed Ext.P4 representation before the Land Revenue Commissioner under section 16 of the Kerala Land Conservancy Act, 1957. Along with Ext.P4 appeal, the petitioner has also filed Ext.P5 petition seeking stay of execution of the order passed by the District Collector and the Revenue Divisional Officer. The petitioner states that though Exts.P4 and P5 were presented before the Land Revenue Commissioner on 31.10.2010, till date, orders have not been passed thereon, as a result W.P.(C) No.5932 of 2011 2 of which he is threatened with forceful eviction. In this writ petition, the petitioner seeks a direction to the Land Revenue Commissioner to consider Exts.P4 and P5 on the merits and pass orders thereon within a time limit to be fixed by this Court. 2. Under section 16 of the Kerala Land Conservancy Act, 1957 the petitioner has the right to challenge Exts.P2 and P3 orders in revision before the Land Revenue Commissioner. The petitioner has invoked the said remedy by filing Ext.P4 revision petition. By the orders impugned Ext.P4 revision petition, the petitioner has been directed to surrender vacant possession of a parcel of land which the Government claims is poramboke land. The Revenue Divisional Officer has also directed the Additional Tahsildar, Kanayannoor Taluk to take over possession of the property. In such circumstances, if Ext.P4 revision petition filed by the petitioner is not expeditiously heard and disposed of, the petitioner will be put to serious prejudice. I accordingly dispose of the writ petition with a direction to the first respondent to take up Ext.P5 stay petition filed in Ext.P4 revision petition and pass orders thereon expeditiously and in any event within one week from the date on which the petitioner produces a copy of this judgment before him. Till such time as orders are W.P.(C) No.5932 of 2011 3 passed as directed on Ext.P5 stay petition, further proceedings pursuant to Exts.P2 and P3 shall be kept in abeyance. The first respondent shall also consider Ext.P4 revision petition and pass appropriate orders thereon expeditiously and in any event within three months from the date of production of a certified copy of this judgment. The first respondent shall after orders are passed on the stay petition and the revision petition communicate a copy thereof to the petitioner. P.N. RAVINDRAN, JUDGE. nj.