IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 27TH FEBRUARY 2009 / 8TH PHALGUNA 1930 WP(C).No. 6450 of 2009(A) ------------------------- PETITIONER(S): ------------------- MADATHIL PRASANTH S/O.NARAYANAN, AGED 38 YEARS, RESIDING AT MADATHIL HOUSE, CHIRAKKAL AMSOM POOZHATHI DESOM, KANNUR TALUK, P.O CHIRAKKAL, KANNUR DISTRICT REPRESENTED BY POA HOLDER SRI.K.M.LAKSHMANAN, S.O.KRISHNAN NAIR, AGED 62 YEARS, RESIDING AT ASWATHI, PATHIRIYAD AMSOM DESOM, P.O.SANKARANELLUR, KANNUR DT. BY ADV. SRI.R.SURENDRAN RESPONDENT(S): -------------------- 1. THE REVENUE DIVISIONAL OFFICE, THALASSERY. 2. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 6450 OF 2009 (A) ==================== Dated this the 27th day of February, 2009 J U D G M E N T The grievance of the petitioner is mainly regarding Ext.P5, an order issued by the 1st respondent under Clause 5 of the Kerala Land Utilization Order. The averments in the writ petition show that Ext.P5 order dated 6/2/2009 was served on the petitioner on 24.2.2009. However, Ext.P5 itself show that auction is proposed to be held on 27/2/2009. The resultant position is that though statute provides for an appellate remedy to the petitioner, that is effectively defeated. 2. In view of this, I dispose of this writ petition directing that it will be open to the petitioner to seek appellate remedies against Ext.P5. In order to enable the petitioner to avail of the said remedy, I direct that further proceedings pursuant to Ext.P5 shall be kept in abeyance for a period of four weeks from today. Needless to say that I have not dealt with the contentions on merits. ANTONY DOMINIC, JUDGE Rp