Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY,THE21T DAY OF JANUARY20141ST MAGHA, 1935 WP(C).No. 1997 of 2014 (Y) -------------------------------------- PETITIONER: ------------------- MARY, AGED59YEARS, W/O. LATE GEORGE, PANANCHIKKAL HOUSE, MALAYATTOOR P.O, MALAYATTOOR KARA. BY ADVS.SRI.A.T.ANILKUMAR, SMT.V.SHYLAJA. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN -695 001.
2. THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM, PIN - 695 001.
3. THE REVENUE DIVISIONAL OFFICER, FORT KOCHI, PIN - 682 001.
4. THE TAHASILDAR, ALUVA TALUK, ALUVA, PIN - 683 101.
5. THE VILLAGE OFFICER, MALAYATTOR VILLAGE, MALAYATTOOR, PIN - 683 587. BY SR. GOVERNMENT PLEADER SRI. JOSEPH GEORGE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON2101-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Prv. W.P.(C).NO.1997/2014-Y: APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: THE TRUE COPY OF THE APPLICATION FOR ASSIGNMENT. EXHIBIT P2: THE TRUE COPY OF THE MAHASAR PREPARED BY THE4H RESPONDENT. EXHIBIT P3: TRUE COPY OF THE EVICTION ORDER
. EXHIBIT P4: TRUE COPY OF THE COMMISSION REPORT IN OS. NO.308/2012. EXHIBIT P5: TRUE COPY OF THE ORDER
IN W.P.(C). NO50202013. EXHIBIT P6: TRUE COPY OF THE REJECTION ORDER
. EXHIBIT P7: TRUE COPY OF THE APPEAL BEFORE THE REVENUE DIVISIONAL OFFICER. EXHIBIT P8: TRUE COPY OF THE NEWS PAPER CUTTING MALAYALA MANORAMA DAILY0105-2013. EXHIBIT P9: TRUE COPY OF THE ORDER
IN W.P.(C). NO127522013. EXHIBIT P10: TRUE COPY OF THE ORDER
IN EXT. P7 APPEAL. EXHIBIT P11: TRUE COPY OF THE NOTICE DEMANDING POSSESSION OF THE PROPERTY BY THE4H RESPONDENT. EXHIBIT P12: TRUE COPY OF THE REVISION PENDING BEFORE THE2D RESPONDENT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. P.R. RAMACHANDRA MENON, J.
.............................................................................. W.P.(C)No.1997 OF2014......................................................................... Dated this the 21st January, 2014
JUDGMENT
The petitioner has approached this Court with the following prayers; "A. issue a writ of mandamus or any other appropriate writ order or direction thereby direct the 2nd respondent to hear and dispose of Exhibit P12 statutory revision and pass appropriate orders allowing Exhibit P1 assignment application in the light of Exhibit P8 decision of the Government to issue Pattayam to those who are possessing Government property from 1970 onwards. B. Issue a writ of mandamus or any other appropriate writ order or direction thereby direct the respondents not to initiate any further eviction proceedings against the petitioner in pursuance to Exhibit P11 against the petitioner. C. Grant such other reliefs which are just and necessary in the interest of justice." 2. The petitioner had approached this Court earlier by filing W.P.(C) 5020 of 2013, which was disposed of as per Ext.P9 judgment, pursuant to which Ext.P10 order dated 14.09.2013 W.P.(C)No.1997 OF20142 was passed by the third respondent/RDO. Based on the said order, Ext.P11 notice dated 11.12.2013 has been issued by the 4th respondent/Tahsildar seeking to implement Ext.P10 order. The case of the petitioner is that the petitioner is having a statutory remedy by way of Revision Petition before the second respondent /Commissioner for Land Revenue and that the said course has been availed of by submitting Ext.P12 Revision Petition dated 15.01.2014. It is without any regard to the pendency of the said proceedings that the impugned order is sought to be implemented. Hence this writ petition.
3. Heard the learned Government Pleader as well.
4. Considering the facts and circumstances, this Court does not find it necessary to go into the merits of the case. The writ petition is disposed of, directing the second respondent/Commissioner for Land Revenue to consider and finalise Ext.P12 Revision Petition, at the earliest, at any rate, within 2 months from the date of receipt of a copy of the judgment, after affording an opportunity of hearing to the petitioner. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the second W.P.(C)No.1997 OF20143 respondent/Commissioner for Land Revenue for further steps. Status quo shall be maintained till the proceedings are finalised as above. P.R.RAMACHANDRA MENON JUDGE lk