M.V. John vs The District Collector

Antony Dominic, J.—When Ext.P3 order of eviction issued against the Petitioner, under the provisions of Kerala Land Conservancy Act, Petitioner approached this Court by filing W.P(C) No. 35636/2010. That writ petition was disposed of Ext.P4 judgment directing that the order be kept in abeyance for two weeks in order to enable the Petitioner to seek appellate remedies.

According to the Petitioner, immediately thereafter, he filed Ext.P5 appeal and Ext.P7 stay petition before the 1st Respondent. Orders have not been passed either on the appeal or on the stay petition. In the meanwhile attempt is made to evict the Petitioner in pursuance of Ext.P3 order. It is with this writ petition is filed.

3 Ext.P6 is stated to be the receipt acknowledging the filing of the appeal and stay petition. Having regard to the pendency of the appeal and stay petition, I feel the 1st Respondent to hear and consider if no appeal at least the stay petition before taking further action on Ext.P3 order. Therefore, I direct, the writ petition will be stand disposed of with the following directions:

That the 1st Respondent will consider Ext.P5, and if not Ext. P5 appeal, at least Ext.P7 stay petition, with notice to the Petitioner and as expeditiously as possible at any rate within four weeks of a production of a copy of this judgment.

Until orders are passed as above, further proceedings pursuant to Ext.P3 will be kept in abeyance.

Petitioner to produce a copy of this judgment along with a copy of this writ petition before Respondents 1 and 2 for compliance.