IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 WP(C).No. 34365 of 2009(M) ------------------------------------- PETITIONER(S): ----------------------- B.SARALAMANI, AGED 46 YEARS, W/O.PRASANNA KUMAR, PRANAVAM, VALLAMKULAM P.O., ERAVIPEROOR VILLAGE, THIRUVALLA. BY ADV. MR.R.SANTHOSH BABU RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REP. BY SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAUPRAM. 2. LAND REVENUE COMMISSIONER, GOVT. OF KERALA, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, PATHANAMTHITTA DISTRICT. 4. THE DISTRICT SUPERINTENDENT OF SURVEY AND LAND RECORDS OFFICE OF THE DISTRICT SUPERINTENDENT OF SURVEY, PATHANAMTHITTA. 5. THE ADDL. TAHSILDAR,TALUK OFFICE, THIRUVALLA. 6. THE VILLAGE OFFICER, ERAVIPEROOR VILLAGE. 7. RAJU VARGHESE, KUTTIYIL HOUSE, VALLAMKULAM, THIRUVALLA. 8. OMANA RADHAKRISHNAN, CHUNKATHIL HOUSE, VALLAMKULAM, THIRUVALLA. 9. MEENAKSHY AMMA, MELE MURIYIL HOUSE, VALLAMKULAM, THIRUVALLA. BY GOVT. PLEADER MR.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No. 34365 of 2009 - M ---------------------------------------- Dated 8th December, 2009 Judgment This writ petition is filed primarily seeking a direction to the third respondent, District Collector, Pathanamthitta to issue a copy of the order passed by him on 24.9.2009 on Ext.P4 appeal filed by the petitioner. The petitioner has also prayed for a direction to the respondents not to proceed further with the Land Conservancy proceedings initiated against her without affording her an opportunity to challenge the order passed by the District Collector in appeal. 2. After this writ petition was filed, a copy of the order passed by the District Collector on 24.9.2009 was furnished to the petitioner. A copy thereof is produced as Ext.P13 along with I.A.No.15382 of 2009. It is stated that the petitioner has, aggrieved by Ext.P13, filed a revision petition under section 16 (4) of the Kerala Land Conservancy Act before the Land Revenue Commissioner along with Ext.P16 application seeking stay of operation of the order impugned in the revision petition. W.P.(C) No.34365/2009 2 The petitioner has also filed Ext.P17 application to condone the delay in filing the revision petition. 3. When this writ petition came up for hearing today, the learned counsel appearing for the petitioner submitted that as a copy of the order passed by the District Collector has been served on the petitioner and the petitioner has filed a revision petition before the Land Revenue Commissioner along with an application to condone the delay in filing the revision petition and an application for stay of operation of the order, this writ petition may be disposed of with a direction to the Land Revenue Commissioner to pass orders on the revision petition and the accompanying applications within a time limit to be fixed by this Court and to stay the operation of Ext.P13 order passed by the District Collector till such time. The learned Government Pleader appearing for the official respondents did not seriously oppose the said request. 4. Under section 16 (4) of the Kerala Land Conservancy Act, the petitioner has the right to file an appeal before the Land Revenue Commissioner. The remedy by way of appeal should not in my opinion be rendered meaningless or illusory, W.P.(C) No.34365/2009 3 by implementing the order appealed against before the appeal is heard and disposed of. I therefore dispose of this writ petition with a direction to the Land Revenue Commissioner to consider Ext.P15 revision petition filed by the petitioner along with Ext.P16 petition for stay and Ext.P17 petition for condonation of delay in filing the revision petition and to take a decision thereon expeditiously and in any event within two months from the date of receipt/production of a certified copy of this judgment after notice to and affording the petitioner and the party respondents herein namely respondents 7 to 9 a reasonable opportunity of being heard. The contentions of both sides on the merits are kept open. Till orders are passed on the revision petition and for a period of two weeks thereafter, further proceedings pursuant to Ext.P13 shall be kept in abeyance. P.N.RAVINDRAN Judge vaa