THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.14297 of 2011 ORDER: The action of second respondent in not deciding the petitioner’s stay application pending appeal No.8 of 2011 filed against proceedings in R.C.No.A9/4411/2003, dated 30.08.2010 of the third respondent, and the action of respondent Nos.3 and 4 in notifying auction of leasehold rights over an extent of Ac.1.00 in Sy.No.33 of Darsi Village and insisting the petitioner to vacate therefrom, is under challenge in this Writ Petition. The order against which the petitioner preferred an appeal is the order passed by the third respondent on 30.08.2010 rejecting his claim to be declared as a landless poor person/small farmer. Against this order, the petitioner preferred the appeal to the second respondent along with an application seeking stay. Unless and until the petitioner is declared as a small farmer, the question of the petitioner continuing to remain in occupation of the lands belonging to the fourth respondent does not arise. Since the third respondent has already rejected the petitioner’s application for being declared as a landless poor person/small farmer, the only order which can be passed in this Writ Petition is to direct the second respondent to dispose of the appeal filed by the petitioner against the order of the third respondent dated 30.08.2010 within a period of three weeks from the date of receipt of a copy of this order. Since the auction is to be held on 20.05.2011, I consider it appropriate to make it clear that any order granting leasehold rights pursuant to the auction shall be subject to the orders that may be passed by the second respondent in the appeal preferred by the petitioner. The Writ Petition stands disposed of accordingly. However, in the circumstances, without costs. _____________________________ RAMESH RANGANATHAN,J Date:18.05.2011 Note:Furnish copy within three days. bo Usd/Tsy