IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 WP(C).No. 24952 of 2009(L) -------------------------- PETITIONER(S): --------------- NETTUKALATHERI GOVT.AIDED RUBBER PLANTERS CO-OP.SOCIETY LTD, T-235,. KALLIKADU, MYLAKKARA PO, REP,.BY THE SECRETARY, M.C,SAHADEVA PANICKER, AGED 52 YEARS, S/O.CHELLAPPAN,RESIDING AT V.V.COTTAGE, THEVANCODE, MYLAKKARA PO.TRIVANDRUM DIST. BY ADV. SRI.KILLIYOOR P.GOPALAKRISHNAN NAIR RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY THE SECRETARY FOR REVENUE, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE REVENUE DIVISIONAL OFFICER, THRUVANANTHAPURAM. 3. THE DISTRIACAT COLLECTOR, THIRUVANANTHAPURAM. 4. THE TAHSILDAR, NEYYATTINKARA, THIRUVANANTHAPURAM DIST. BY GP SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/08/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ....................... W.P.(C).24952/2009 ....................... Dated this the 28th day of August, 2009 JUDGMENT Petitioner is aggrieved by Ext.P8 order passed by the additional Tahsildar under the Land Conservancy Act. Petitioner preferred an appeal as Ext.P10 before the Revenue Divisional Officer who has returned the appeal directing that if there is no local Society in the place functioning, then the original order should stand. Obviously there is a complete failure on the part of the appellate authority to exercise its jurisdiction and since the aforementioned endorsements in Ext.P10 cannot, under any circumstances, be treated as an appellate order or reflective of a proper exercise of jurisdiction by the appellate authority, there will be a direction to the 2nd respondent to receive on file Ext.P10 and pass an order thereon, after hearing the petitioner, within two months from the date of receipt of a copy of this judgment. It is made clear that if an application for stay is filed, orders shall be passed thereon within W.P.(C).24952/09 2 two weeks from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. V.GIRI, Judge mrcs