IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 WP(C).No. 23926 of 2011(M) -------------------------- PETITIONER(S): --------------- V.V.SAJEEV, AGED 45 YEARS, S/O.VASU, VALYAKUNNATHU HOUSE, PADINJATTOTHARA MURI, KUTTOOR VILLAGE, THIRUVALLA TALUK. BY ADV. SRI.T.P.PRADEEP RESPONDENT(S): --------------- 1. VILLAGE OFFICER, KUTTOOR VILLAGE, THIRUVALLA TALUK. PIN-689 106. 2. ADDITIONAL TAHZILDAR, TALUK OFFICE, THIRUVALLA. PIN-689 106. 3. THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, THIRUVALLA. 689 106. 4. THE DISTRICT COLLECTOR, PATHANAMTHITTA. 689 106. 5. SPECIAL TAHZILDAR, LAND TRIBUNAL, PATHANAMTHITA. 689 106. 6. CHANDRABABU, VALYAKUNNATHU, WEST OTHERA, KUTTOOR, THIRUVALLA. 689 106. SR GP SMT.M.J.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23926 of 2011 APPENDIX EXHIBITS EXT.P1(a)- TRUE COPY OF THE NOTICE DATED 25.9.2006. EXT.P1(b)- TRUE COPY OF THE NOTICE DATED 17.2.2011 EXT.P2- TRUE COPY OF THE POSSESSION CERTIFICATE DATED 2.5.2006 ISSUED BY THE 1ST RESPONDENT EXT.P3- TRUE COPY OF THE COMPLAINT DATED 29.7.11 EXT.P4- TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 22.8.11 EXT.P5- TRUE COPY OF THE APPEAL MEMORANDUM EXT.P5(a)- TRUE COPY OF THE RECEIPT DATED 26.8.2011 (True copy) P.A. To Judge ANTONY DOMINIC, J. ------------------------------- W.P.(C).23926/2011 --------------------------- Dated this the 2nd day of September, 2011 JUDGMENT Petitioner claims to be in possession of 9.25 Ares of land in R.S.No.481/17 of Kuttoor Village. Proceedings are initiated under the Kerala Land Conservancy Act resulting in Ext.P4 order of the second respondent. Aggrieved by the said order, petitioner filed Ext.P5 appeal before the third respondent and the appeal is pending. In the meanwhile, petitioner apprehend that coercive action based on Ext.P4 is likely to be taken to evict the petitioner from the property in question. It is with this grievance the writ petition is filed. 2. Since according to the petitioner, the statutory appeal filed (Ext.P5) is pending before the third respondent, coercive action if any, on the basis of Ext.P4 at this stage is premature. 3. Therefore I dispose of this writ petition directing that the third respondent shall consider and pass orders on Ext.P5 appeal with notice to the petitioner as expeditiously as possible at any rate W.P.(C).23926/11 2 within six weeks of production of a copy of this judgment. In the meanwhile, further proceedings pursuant to Ext.P4 will be kept in abeyance. 4. Petitioner shall produce a copy of this judgment along with a copy of the writ petition before respondents 2 and 3 for compliance. ANTONY DOMINIC, Judge mrcs