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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
THURSDAY, THE 30TH DAY OF MAY 2019 / 9TH JYAISHTA, 1941
WP(C).No. 18283 of 2013
PETITIONER:
SUNDARLAL
S/O. APPAVU SUNDARAM, APPAVU SADANAM,
NELLIPPALLY P.O., VALACODE VILLAGE,
PATHANAPURAM TALUK.
BY ADVS.
SRI.ALEX N.MATHEW (KOLLAM)
SRI.H.RAMANAN
SRI.JAMES JOSE
RESPONDENTS:
1
STATE OF KERALA
REP.BY SECRETARY TO REVENUE, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2
THE REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICER, KOLLAM-691 013.
3
TAHSILDAR
PATHANAPURAM TALUK OFFICE, PATHANAPURAM P.O.,
PIN-689 695.
WP(C).No. 18283 of 2013
..2..
4
VILLAGE OFFICER
VALACODE VILLAGE OFFICE, VALACODE P.O.,
PUNALUR, PIN-691 331.
5
SUPERINTENDENT OF SURVEY
RESURVEY SUPERINTENDENT OFFICE, PUNALUR-691
305.
POOJA SURENDRAN GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
30.05.2019, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No. 18283 of 2013
..3..
The petitioner approached the Revenue
Divisional Officer with an appeal, challenging
the proceedings initiated under the Kerala Land
Conservancy Act. In the meanwhile steps were
taken to survey the land of the petitioner.
Petitioner approached the Court seeking the
following reliefs:
“1)
Direct the 2nd respondent to hear
and decide Ext.P2 appeal on merits
with in a time frame fixed by this
Hon'ble Court.
2)
Direct the respondents 3 to 5 to
stop all further proceedings against
the property of the petitioner and the
adjacent
government
land
in
Sy.No.538/1/173A of Valacode village
pending hearing and disposal of Ext.P2
appeal by the 2nd respondent.
3)
Pass such other orders deemed fit
and proper in the circumstances of the
case.”
The petitioner is free to prosecute an appeal
in accordance with law.
However, nothing
..4..
prevents the Revenue Authority in surveying the
Government land. In such circumstances, I find
no reason to issue any orders in the matter.
Accordingly, the Writ Petition is dismissed.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
PR/30.05.2019
..5..
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1
COPY OF ORDER DTD.28.10.09 IN LC CASE
NO.20/2008 OF THE 3RD RESPONDENT.
EXHIBIT P2
COPY OF LC APPEAL NO.D/93/2010
DTD.4.1.2010 BEFORE THE 2ND
RESPONDENT.
EXHIBIT P3
COPY OF ORDER OF STAY DTD.21.1.2010
PASSED BY THE 2ND RESPONDENT.
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