IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 WP(C).No. 22286 of 2011(I) -------------------------- PETITIONER: ------------------- RAVI.P., AGED 65 YEARS, S/O.A.PAPPUKUTTY, T.C.52/642, KANNAYATHIL COLONY VEEDU, KOLIYAKODE, INDUSTRIAL ESTATE.P.O., THIRUVANANTHAPURAM-695 019. BY ADV. SRI.P.SATHISAN RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER, LAND REVENUE COMMISSIONARATE, THIRUVANANTHAPURAM. 3. DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 4. ADDITIONAL TAHSILDAR (REVENUE), TALUK OFFICE, THIRUVANANTHAPURAM. 5. VILLAGE OFFICER, NEMOM VILLAGE, THIRUVANANTHAPURAM. BY SNIOR GOVERNMENT PLEADER SMT.MJ.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22286 of 2011(I) ----------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS ------------------------------------ EXT.P1. COPY OF PATTA ISSUED TO THE PETITIONER WITH RESPECT TO 5 CENTS OF LAND IN 2005. EXT.P2. COPY OF THE APPLICATION FOR ASSIGNMENT OF LAND DTD. 25.11.2009. EXT.P3. COPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT DTD. 16.8.2002. EXT.P4. COPY OF THE DIRECTION BY THE 4TH RESPONDENT DTD. 16.9.2002. EXT.P5. COPY OF THE RELEVANT EXTRCT FRM LAND RECORDS REGISTER. EXT.P6. COPY OF THE POSSESSION CERTIFICATE DTD. 29.8.2005 ISSUED BY THE 5TH RESPONDENT. EXT.P7. COPY OF THE ORDER OF 3RD RESPNDENT DTD 28.1.2010. EXT.P8. COPY OF RATION CARD EXTRACT ISSUED TO THE PETITIONER. EXT.P9. COPY OF APPEAL SUBMITTED BY THE PETITIONER. EXT.P9(A). COPY OF ACKNOWLEDGEMENT DTD. 11.3.2010 ISSUED TO THE PETITIONER. EXT.P10. COPY OF THE FORWARDING NOTE ISSUED TO THE 2ND RESPONDENT DTD. 11.3.2010 BY THE 1ST RESPONDENT. EXT.P11. COPY F THE UNDATED NOTICE RECEIVED ON 1.8.2011 EXT.P12. COPY OF PETITION SUBMITTED BY THE PETITIONER AGAINST EXHIBIT P11. RESPONDENT'S EXHIBITS: NIL ------------------------------------- / TRUE COPY / P.A. TO JUDGE VK ANTONY DOMINIC, J. ================ W.P.(C) NO. 22286 OF 2011 ===================== Dated this the 17th day of August, 2011 J U D G M E N T Ext.P7 is an order passed by the District Collector exercising his powers under the Kerala Land Conservancy Act ordering eviction of the petitioner from the property having an extent of 1.35 Ares in Sy.No.751/8 of Nemom village. Aggrieved by the said order, petitioner filed Ext.P9 before the Minister for Revenue, which is forwarded to the 2nd respondent and the same was intimated to the petitioner by Ext.P9(a). A decision on the appeal has not been taken so far and in the meanwhile, he has now been issued Ext.P11 notice under Rule 11. It is aggrieved by the above, the writ petition is filed. 2. Now that the 2nd respondent is seized of Ext.P9 appeal of the petitioner, which is a statutory one, at this stage, further proceedings pursuant to Ext.P11 is unwarranted. 3. Therefore, I dispose of this writ petition directing that the 2nd respondent shall dispose of Ext.P11 appeal with notice to the petitioner as expeditiously as possible at any rate within 8 weeks of production of a copy of this judgment and in the WPC No. 22286/11 :2 : meanwhile further proceedings pursuant to Ext.P11 will be kept in abeyance. Petitioner shall produce a copy of this judgment along with a copy of the writ petition before the 2nd and 3rd respondents for compliance. ANTONY DOMINIC, JUDGE Rp