IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 26TH APRIL 2011 / 6TH VAISAKHA 1933 WP(C).No. 12529 of 2011(M) -------------------------- PETITIONER(S): --------------- 1. NADUVILAKANDY CHANDRAN,PALERI VILLAGE, KOYILANDY TALUK ,KOZHIKODE. 2. NADUVILAKKANDY VINODAN,RESIDNG DO. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): --------------- 1. THE REVENUE DIVISIONAL OFFICER, KOZHIKODE. 2. THE ADDITIONAL TAHSILDAR, KOYILANDY, KOZHIKODE. 3. THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM. BY SR.GOVT. PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.12529 of 2011 ----------------------------------------- Dated this the 26th April, 2011 JUDGMENT The petitioners own 8.70 cents and 98.65 cents of land respectively in RS No.14/2B of Muthuvannacha Desom in Paleri Village, Koyilandy Taluk, Kozhikode district. By order passed on 1.6.2010 the Additional Tahsildar, Koyilandy, directed them to surrender possession of 19.65 cents of land situated in RS No.14/2B above referred to. The petitioners challenge the said order by filing an appeal before the Revenue Divisional Officer, Kozhikode under section 16 of the Kerala Land Conservancy Act, 1957. By Ext.P2 order passed on 10.12.2010 the Revenue Divisional Officer dismissed the appeal and directed the Additional Tahsildar to proceed with the eviction proceedings. The Additional Tahsildar, Koyilandy thereupon issued Ext.P1 letter dated 27.1.2011 calling upon the petitioners to surrender possession of 19.65 cents of land situated in RS No.14/2B of Paleri Village within 15 days, failing which, they were informed that, they will be forcibly evicted. W.P(C) NO.12529/2011 -:2:- 2. Aggrieved by Ext.P2 order, the petitioners have filed Ext.P3 revision petition before the Land Revenue Commissioner under sub-section (4) of section 16 of the Kerala Land Conservancy Act, 1957. Along with the said revision petition the petitioners have filed Ext.P4 stay petition seeking stay of the order passed by the Additional Tahsildar, Koyilandy. Ext.P3 revision petition and Ext.P4 stay petition were filed on 19.2.2011. The grievance voiced by the petitioners is that though nearly two months have passed thereafter, till date the Land Revenue Commissioner has not passed orders on the stay petition. The petitioners submit that as they have invoked the remedy available to them by way of revision before the Land Revenue Commissioner, if they are evicted pending disposal of the revision petition they will be put to serious prejudice. In this writ petition the petitioners seek a direction to the 3rd respondent to take take up Ext.P3 revision petition and Ext.P4 stay petition and pass appropriate orders thereon expeditiously. 3. The pleadings and the materials on record disclose that proceedings have been initiated against the petitioners under the provisions of the Kerala Land Conservancy Act, 1957 to evict them from 19.65 cents of land situated in RS No.14/2B of W.P(C) NO.12529/2011 -:3:- Muthuvannacha Desom in Paleri Village, Koyilandy Taluk, Kozhikode district. The appeal filed by the petitioners from the order passed by the Additional Tahsildar, the original authority, stands dismissed by Ext.P2 order dated 10.12.2010 passed by the Revenue Divisional Officer. Aggrieved thereby the petitioners have filed Ext.P3 revision petition before the Land Revenue Commissioner. Along with Ext.P3 revision petition the petitioners have filed Ext.P4 stay petition seeking stay of operation of the order passed by the Additional Tahsildar as confirmed by the Revenue Divisional Officer. Under section 16 of the Kerala Land Conservancy Act, 1957 the petitioners have the right to challenge Ext.P2 order passed in appeal before the Land Revenue Commissioner by filing a revision petition. Sub-section (7) of section 16 permits the revisional authority to suspend the execution of the decision or order sought to be revised. In such circumstances as the petitioners have invoked the remedy of revision available to them, I am of the opinion that the Land Revenue Commissioner should consider Ext.P3 revision petition and pass orders thereon expeditiously and till such time as orders are passed on Ext.P3 revision petition, further proceedings against the petitioners should be kept in abeyance. W.P(C) NO.12529/2011 -:4:- I accordingly dispose of the writ petition with a direction to the Land Revenue Commissioner to consider Ext.P3 revision petition and pass orders thereon expeditiously and in any event within four months from the date on which the petitioners produce before the Land Revenue Commissioner or the Land Revenue Commissioner otherwise receives a certified copy of this judgment. Till such time as orders are passed on the revision petition further proceedings pursuant to the order passed by the Additional Tahsildar, Koyilandy Taluk on 1.6.2010 under the Kerala Land Conservancy Act, 1957 and the appellate order evidenced by Ext.P2 passed by the Revenue Divisional Officer, Kozhikode on 10.12.2010 shall stand stayed. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.12529 of 2011 ---------------------------- JUDGMENT 26th April, 2011