LAWS(KER)-2010-9-200

E M BALAKRISHNAN Vs. DISTRICT COLLECTOR

Decided On September 16, 2010
E.M.BALAKRISHNAN Appellant
V/S
DISTRICT COLLECTOR Respondents

JUDGEMENT

(1.) The complaint of the petitioner is regarding the delay in the disposal of Ext.P7 appeal filed by the petitioner before the 1st respondent. According to the petitioner, when Ext.P5 order was passed by the 2nd respondent requiring his eviction in terms of the provisions contained under the Kerala Land Conservancy Act, Ext.P7 appeal was filed by him before the 1st respondent. It is stated that during the pendency of the appeal, steps are taken for the implementation of Ext.P5 and therefore this writ petition is filed.

(2.) Having regard to the fact that statutory appeal filed by the petitioner is pending, I feel the steps taken for the implementation of the impugned order is premature.

(3.) Therefore, the writ petition will stand disposed of directing the Revenue Divisional Officer to dispose of the appeal filed by the petitioner with notice to him and as expeditiously as possible, at any rate within 8 weeks of production of a copy of this judgment. It is directed that in the meanwhile, further proceedings pursuant to Exts.P5 and P8 orders will be kept in abeyance. Petitioners shall produce a copy of this judgment along with a copy of the writ petition before respondents 2 and 3 for compliance.