LAWS(KER)-2012-4-124

LAKSHMIKUTTY AMMAL Vs. DISTRICT COLLECTOR PATHANAMTHITTA DISTRICT

Decided On April 13, 2012
LAKSHMIKUTTY AMMAL Appellant
V/S
DISTRICT COLLECTOR PATHANAMTHITTA DISTRICT Respondents

JUDGEMENT

(1.) THE petitioner has been proceeded against under the Kerala Land Conservancy Act and Rules in respect of certain properties in possession of the petitioner. THE original authority and the first appellate authority have decided against the petitioner. THE petitioner has now filed Ext.P11 revision petition before the District Collector along with Ext.P12 stay petition. THE petitioner seeks expeditious disposal of both.

(2.) I have heard the learned Government Pleader also. I doubt whether against an appellate order of the Revenue Divisional Officer, a revision would lie, although the proviso to Section 16(2) of the Act would warrant a conclusion that it would. But, after reading the main Section, which cannot be overridden by the proviso, still a doubt remains as to whether a revision would lie before the District Collector against an appellate order of the Revenue Divisional Officer. However, I am of opinion that, that question also should be first considered by the District Collector.