High CourtsSingle Bench(2010) 09 KL CK 0029

Pushkaran K. and Indira K. vs The Commissioner of Land Revenue and Others

High Court Of Kerala · Decided on 13 September 2010

HON’BLE JUDGES
Antony Dominic, J
CASE NUMBER
Writ Petition (C) No. 25656 of 2010 (F)

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Judgment

6 paragraphs · 291 words

Antony Dominic, J.—Prayer sought in this writ petition is for an expeditious disposal of Ext.P5 appeal in which Ext.P6 stay petition is also pending.

2.

According to the petitioner, he is in possession of 8.5 cents of land of which 2.5 cents is puramboke. It is stated that despite his long possession, by Ext.P3 order of the District Collector, steps were ordered to be taken to assign the 2.5 cents of land in favour of respondents 6 and 7. Against the said order, petitioner filed Ext.P5 appeal before the first respondent, which is pending. During the pendency of the appeal, steps were taken to assign the land as directed in Ext.P3. It was in these circumstances, this writ petition was filed.

3.

According to the petitioner, after the filing of this writ petition, he has also filed Ext.P6 stay petition which has been acknowledged by the first respondent as per Ext.P6(a). The petitioner complains that despite the pendency of Exts.P5 and P6, since steps are being continued for assigning the land as directed in Ext.P3, this Court should direct the respondents not to assign the land in question.

4.

Since the statutory appeal as evidenced by Ext.P5 is pending, it is necessary that the first respondent should dispose of the said appeal. This the first respondent shall do with notice to the petitioner and respondents 6 and 7, as expeditiously as possible, at any rate, within six weeks from the date of receipt of copy of this judgment. In the meanwhile, all further proceedings pursuant to Ext.P3 shall be kept in abeyance.

5.

Petitioner shall produce copy of this judgment along with copy of the writ petition before the first respondent for compliance.

The writ petition is disposed of as above.