IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 17TH JANUARY 2011 / 27TH POUSHA 1932 WP(C).No. 1590 of 2011(W) -------------------------------------- PETITIONER(S): ----------------------- BALAKRISHNAN AGED 85, S/O.THUMBARATHY KITTU, RESIDING IN HOUSE NO.XIV/354 OF THE MURIYAD PANCHAYATH, PULLUR VILLAGE DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADVS. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENT(S): -------------------------- 1. THE REVENUE DIVISIONAL OFFICER,THRISSUR COLLECTORATE,THRISSUR-680 001. 2. THE ADDL.TAHASILDAR, MUKUNDAPURAM TALUK OFFICE, IRINJALAKUDA P.O, THRISSUR DISTRICT PIN-680 001. 3. THE VILLAGE OFFICER, PULLUR VILLAGE OFFICE, THRISSUR-680 001. 4. THE DISTRICT COLLECTOR, COLLECTORATE THRISSUR-680 001. 5. THE LAND REVENUE COMMISSIONER, PUBLIC BUILDINGS, OPPOSITE MUSEUM, THIRUVANANTHAPURAM-695 001. 6. THE STATE OF KERALA, REP.BY THE SECRETARY TO THE GOVT,.REVENUE DEPARTMENT, GOVT.SECRETARIAT,THIRUVANANTHAPURAM-695 001. R1 TO R6 BY GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts ANTONY DOMINIC, J. ------------------------- W.P (C) No.1590 of 2011 -------------------------- Dated this the 17th January, 2011 J U D G M E N T Proceedings were initiated against the petitioner under the provisions of the Kerala Land Conservancy Act which resulted in Ext.P4 order of the 4th respondent. Aggrieved by Ext.P4, petitioner has filed Ext.P5 revision and Ext.P6 stay petition before the 5th respondent and on receipt of Exts.P5 and P6, the same has been acknowledged by Ext.P7. During the pendency of the revision and stay petition, Ext.P8 order has been issued by the 2nd respondent to the 3rd respondent to implement Ext.P4 and submit a report. It is in these circumstances, apprehending eviction in pursuance to Ext.P4, during the pendency of revision and stay petition, this writ petition is filed. 2. Admittedly on being served of Ext.P4, Exts.P5 and P6 revision and stay have been filed challenging the order. Therefore, it will be premature to evict the petitioner from the property at this stage. 3. In that view of the matter, I dispose of this writ W.P (C) No.1590 of 2011 2 petition with the following directions: (i) Fifth respondent before whom Ext.P5 revision is pending shall dispose of the revision with notice to the petitioner and as expeditiously as possible, at any rate, within two months of production of a copy of this judgment. (ii) It is directed that until orders are passed as above, further proceedings pursuant to Exts.P4 and P8 shall be kept in abeyance. Petitioner shall produce a copy of this judgment along with a copy of the writ petition before respondents 3, 4 and 5 for compliance. ANTONY DOMINIC JUDGE ma W.P (C) No.1590 of 2011 3