High Court of KeralaWP(C)/17508/2015disposed of

M.K.Davis v. State Of Kerala

2015-06-17Honourable Mr.Justice K.Vinod Chandran3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 17TH DAY OF JUNE 2015/27TH JYAISHTA, 1937 WP(C).No. 17508 of 2015 (K) ---------------------------- PETITIONERS :

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1. M.K.DAVIS, AGED 55 YEARS, S/O.KUNJIPPALU, KOOVAKKATTUKUNNU, MELOOR,THRISSUR - 680311

2. LISSY DAVIS, W/O.M K DAVIS, KOOVAKKATTUKUNNU, MELOOR, THRISSUR - 680311 BY ADVS.SRI.C.A.CHACKO SMT.C.M.CHARISMA SMT.MEGHA K.XAVIER RESPONDENTS :

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1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM 695001

2. THE REVENUE DIVISIONAL OFFICER, THRISSUR 680001

3. THE TAHSILDAR, CHALAKKUDY, THRISSUR DISTRICT - 680307

4. THE ADDITIONAL TAHSILDAR MUKUNDAPURAM TALUK, IRINJALAKKUDA - 680121

5. THE VILLAGE OFFICER, MELOOR VILLAGE, THRISSUR DISTRICT 680311

6. K. G. SUBRAN, S/O.OMALA, KOZHUPPILLY HOUSE, KOOVAKKATTUKUNNU P. O., MELOOR, THRISSUR 680311 R1 TO R5 BY SENIOR GOVERNMENT PLEADER SRI. BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 17508 of 2015 (K) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:- TRUE COPY OF RECEIPTS DTD 25/3/99 ISSUED BY THE 3RD RESPONDENT. P2:- TRUE COPY OF RECEIPTS DTD 16/3/2007 ISSUED BY 3RD RESPONDENT. P3:- TRUE COPY OF NOTICES DTD 27/5/2008 ISSUED BY 3RD RESPONDENT P4:- TRUE COPY OF NOTICE DTD 24/9/2013 ISSUED BY 4TH RESPONDENT P5:- TRUE COPY OF JUDGMENT OF THIS HON'BLE COURT DTD 21/7/2014 IN WPC NO 25077/2013 P6:- TRUE COPY OF ORDER OF 3RD RESPONDENT DTD 18/11/2014 P7:- TRUE COPY OF APPEAL FILED BY PETITIONERS BEFORE THE 2ND RESPONDENT DTD 12/12/2014 RESPONDENT(S)' EXHIBITS :

NIL.

//TRUE COPY// P.A. TO JUDGE bp

K. VINOD CHANDRAN, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P(C) No.17508 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of June, 2015

J U D G M E N T

The petitioner has filed Ext.P7 appeal against Ext.P6 order of the 3rd respondent under the Land Assignment Rules, 1964. When the appeal is pending, the petitioner is sought to be evicted, is the grievance.

2. In the above circumstances, the authority definitely will have to look at the appeals pending before it and dispose of the same in accordance with law however looking at the pendency of such appeals pending before it, taking up for disposal those appeals filed earlier in point of time first. Till such disposal of appeal, the petitioners shall not be dispossessed. Writ petition disposed of.

Sd/- (K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge