Azad Singh P.P v. M.V.Shaji

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 15TH DAY OF DECEMBER 2015/24TH AGRAHAYANA, 1937 WP(C).No. 37998 of 2015 (Y) ---------------------------------------- PETITIONER(S):

---------------------- AZAD SINGH P.P, AGED 40 YEARS, S/O.GOPALAN, RESIDING AT PUTHAN PURAYIL, NADAKKUTHAZHA AMSOM, PUITHUR DESOM, POST PUTHUR, VATAKARA TALUK, KOZHIKODE DISTRICT, KERALA STATE-673104.

BY ADVS.SRI.B.KRISHNAN SRI.R.PARTHASARATHY RESPONDENT(S):

------------------------- 1.

M.V.SHAJI, S/O.NARAYANAKURUP, AGED 41 YEARS, MEETHALE VALAKETTIL HOUSE, NADAKKUTHAZHA AMSOM, PUTHUR DESOM, POST PUTHUR, VATAKARA TALUK, KOZHIKODE DISTRICT, KERALA STATE-673104.

2.

THE TAHSILDAR, VATAKARA TALUK, KOZHIKODE DISTRICT, KERALA STATE-673101.

3.

THE SUB COLLECTOR, KOZHIKODE DISTRICT, KERALA STATE-6730020.

4.

THE DISTRICT COLLECTOR, KOZHIKODE DISTRICT, KERALA STATE-673020.

5.

THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, AGRICULTURE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

BY GOVERNMENT PLEADER SRI.BIJU MEENATOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PJ

WP(C).No. 37998 of 2015 (Y) ---------------------------------------- APPENDIX PETITIONERS' EXHIBITS ---------------------------------- P1:

COPY OF THE PROCEEDINGS BY R3 TO R1 DATED 8/5/15 P2:

COPY OF THE JUDGMENT IN WPC.24155/15 BY THE HONOURABLE HIGH COURT OF KERALA DATED 9/9/15 P3:

COPY OF THE REPRESENTATION BY THE WRIT PETITIONER TO THE R5. RESPONDENTS' EXHIBITS ------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.MUHAMED MUSTAQUE, J.

===================== W.P(C)Nos.37998 of 2015 ========================== Dated this the 15th day of December, 2015

JUDGMENT

Petitioner submits that as against the order passed under Act 28/2008 the 1st respondent was directed to file revision petition before the Secretary, Agricultural Department, Government of Kerala, vide judgment of this Court in Writ Petition No.24155/2015 and no revision petition has been filed by the 1st respondent and he is enjoying the 'status quo' ordered in the judgment.

2. In fact, this Court directed the 1st respondent to file revision petition and also directed the Secretary, Agricultural Department, Government of Kerala to dispose of such petition within three months.

3. This Court is of the view that if no order is passed by the 5th respondent within three months from today, the 3rd respondent shall implement Ext.P1 order immediately on expiry of three months.

Writ petition is disposed of.

Sd/- A.MUHAMED MUSTAQUE, JUDGE vdv/15/12/15