IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 WP(C).No. 20582 of 2011(W) -------------------------- PETITIONER ------------------ SANTHI, W/O.SUBRAMANIAN, AGED 43 YEARS POOKUNNIKALAM, TARUR, PALAKKAD DIST PIN 678 547. BY ADV. SRI.RAJESH SIVARAMANKUTTY RESPONDENT(S): ------------------------ 1. THE ASSISTANT TAHSILDAR, TALUK OFFICE, ALATHUR, PIN 678 541. 2. THE VILLAGE OFFICER,TARUR I VILLAGE TARUR, PALAKKAD DISTRICT, PIN 678 547. 3. THE DISTRICT COLLECTOR, CIVIL STATION PALAKKAD.PIN 678101. BY GOVERNMENT PLEADER SMT.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20582 of 2011(W) --------------------------------------- APPENDIX ---------------- PETITINER'S EXHIBITS ----------------------------------- EXT.P1. COPY OF SETTLEMENT DEED NO.2649/99 EXECUTED IN FAVOUR of the PETITIONER. EXT.P2. COPY OF POSSESSION CERTIFICATE ISSUED BY 2ND RESPONDENT TO THE PETITIONER DT. 30.6.2009. EXT.P3. COPY OF BASIC TAX RECEIPT ISSUED TO PETITINER BY 2ND RESPONDENT DT. 5.3.2010. EXT.P4. COPYOF CERTIFICATE ISSUED TO PETITIONER BY MANAGER, PALAKKAD DISTRICT CO-OPERATIVE BANK LTD. EXT.P5. COPY OF ORDER DATED 7.7.2011 ISSUED TO PETITIONER BY 1ST RESPONDENT. EXT.P6. COPY OF PLAINT IN O.S. 307/2008 OF SUB COURT, PALAKKAD. RESPONDENT'S EXHIBITS : NIL ------------------------------------- / TRUE COPY / P.A. TO JUDGE VK ANTONY DOMINIC, J --------------------------------------- W.P(C) No.20582 of 2011 ---------------------------------------- Dated this the 28th day of July, 2011. J U D G M E N T The petitioner challenges Ext.P5. 2. Ext.P5 is the communication issued by the 1st respondent on an application made by the petitioner for possession certificate in respect of the property covered by Ext.P1 settlement deed in Re-survey No.229/2 of Tarur I Village. In Ext.P5 it is stated that his application can be considered only after disposal of O.S.No.307/2008 pending before the Sub Court, Palakkad. 3. However, the case of the petitioner is that he is not a party to the suit, which is now pending before the Sub Court. It is also his further case that the property, in relation to which the application is made, and which is covered by Ext.P1 title deed, is also not the subject matter of the suit referred to above. 4. If what the petitioner submits is factually correct, there is no justification in deferring consideration of her W.P(C) No.20582 of 2011 2 application. However, correctness of the factual assertion made by the petitioner is a matter for the 1st respondent to consider. 5. Accordingly, I direct that it will be open to the petitioner to produce copies of Ext.P6 and P1, along with Ext.P2 possession certificate, issued earlier, in which event the 1st respondent will consider the correctness of the claims made by the petitioner as above and if he is satisfied about the genuineness of the documents produced, orders on the application made by the petitioner for the possession certificate will be passed. 6. It is directed that after the materials produced as directed above, orders will be passed within two weeks thereafter. The Writ Petition is disposed of. ANTONY DOMINIC ab JUDGE