IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 20TH JANUARY 2011 / 30TH POUSHA 1932 WP(C).No. 38577 of 2010(V) -------------------------- PETITIONER(S): ---------------------- JOHN JACOB, AGED 72 YEARS, S/O.ULAHANNAN CHACKO,THEKKEKKUTTU HOUSE, MUNDAKKAYAM P.O.,KOTTAYAM DISTRICT BY ADV. SRI.NOBLE MATHEW RESPONDENT(S): ----------------------- 1. THE VILLAGE OFFICER, ERUMELY NORTH VILLAGE, MUNDAKKAYAM 2. THE ADDITIONAL TAHSILDAR, KANJIRAPALLY TALUK 3. THE REVENUE DIVISIONAL OFFICER, KOTTAYAM DIVISION, KOTTAYAM DISTRICT 4. THE COMMISSIONER LAND REVENUE, VIKAS BHAVAN, THIRUVANANTHAPURAM 5. STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 38577 OF 2010 ===================== Dated this the 20th day of January, 2011 J U D G M E N T Ext.P6 is an order passed by the 2nd respondent holding that the petitioner has violated the provisions of Section 10 of the Kerala Land Conservancy Act and concluding that the petitioner is liable to remit an amount of ` 2,67,869/- to the Government. Based on Ext.P6, Ext.P7 demand was issued to the petitioner and thereupon petitioner has filed Ext.P8 appeal before the 3rd respondent. It is during the pendency of the appeal, this writ petition has been filed challenging Ext.P6 itself. 2. Having regard to the fact that the petitioner has already invoked the statutory remedy that is available to him, I do not think that, at this stage, it is necessary for this Court to enter into the merits of the controversy. Therefore, I dispose of this writ petition directing that Ext.P8 appeal will be dealt with by the 3rd respondent with notice to the petitioner and as expeditiously as possible, at any rate within 6 weeks of production of a copy of this judgment along with a copy WPC No. 38577/10 :2 : of this writ petition. It is also directed that further proceedings for recovery of the amount due under Exts.P6 and P7 will be kept in abeyance in the meanwhile. ANTONY DOMINIC, JUDGE Rp