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TISSAN J.THACHANKARY versus STATE OF KERALA

High Court of Kerala

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TISSAN J.THACHANKARY v. STATE OF KERALA - WP(C) No. 22446 of 2007(V) [2007] RD-KL 13737 (20 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 22446 of 2007(V)

1. TISSAN J.THACHANKARY,
... Petitioner

2. MIMI TISSAN THACHANKARY,

3. THANKAMMA JOSEPH,

Vs

1. STATE OF KERALA,
... Respondent

2. DISTRICT COLLECTOR, IDUKKI.

3. THE REVENUE DIVISIONS OFFICER,

4. THE TAHSILDAR,

For Petitioner :SRI.TONY GEORGE KANNANTHANAM

For Respondent : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

Dated :20/07/2007

O R D E R

S. SIRI JAGAN, J.

W.P.(C)NO. 22446 OF 2007

DATED THIS THE 20th DAY OF JULY, 2007



JUDGMENT

Against Ext.P8 order cancelling the 'patta' issued to the petitioners, the petitioners have filed Ext.P9 appeal along with Ext.P10 stay petition before the Appellate Authority namely, the District Collector, Idukki. The petitioners' complaint is that the Appellate Authority is not passing orders on the stay petition and in the meanwhile the 4th respondent is taking coercive proceedings pursuant to the order impugned in the appeal. Therefore, the petitioners seek stay of further proceedings pursuant to Ext.P8 till disposal of the appeal.

2. I have heard the learned Government pleader. The learned Government pleader opposes the application. After hearing both sides, I fee that it is only in the interest of justice that the Appellate Authority considers the stay petition expeditiously.

3. Accordingly, I direct the 2nd respondent to consider the stay petition as expeditiously as possible. Till orders are passed on the stay petition, the petitioner shall not be evicted from the property in question. In case, the order is adverse to the petitioner, the petitioner W.P.(c)No.22446/07 2 shall be given four days time to seek appropriate remedies against the same before enforcing eviction. The writ petition is disposed of as above.

S. SIRI JAGAN, JUDGE

Acd


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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