IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 27481 of 2008(V) -------------------------- OS.88/1998 of MUNSIFF COURT, THIRUVALLA .................... PETITIONER: ------------ K.N.KUSUMAKUMARI, AGED 52 YEARS, HOUSEWIFE, D/O.LATE THANKAMMA, KONATHUPARAMBIL HOUSE, KAVUMBHAGAM VILLAGE, KLAVUMBHAGAM.P.O, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SMT.K.N.KUSUMAKUMARI (PARTY-IN PERSON) SMT.M.A.ZUHRA(AMICUS CURIE) RESPONDENTS: ------------- 1. K.N.MURALEEDHARAN, AGED 56 YEARS, MEERA BHAVAN, MANIPUZHA.P.O, PODIYADI, THIRUVALLA. 2. SARALA VIJAYAN, AGED 50 YEARS, HOUSEWIFE, W/O.LATE VIJAYAN, KONATTUPARAMBIL HOUSE, KAVUMBHAGAM VILLAGE, -DO- MURI, THIRUVALLA TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * W.P.(C) NO. 27481 of 2008 * * * * * * * * * * * * * * * * * * Dated: 19-09-2008 JUDGMENT Since the petitioner, a woman who was the plaintiff in O.S. 88 of 1998 on the file of the Munsiff Court, Thiruvalla was appearing in person, this Court appointed Smt. M.A.Zuhra as amicus curiae . 2. After hearing the amicus curiae what is discernible is that the petitioner's grievance is that out of the 14 cents of land which was to be equally divided among the three sharers the petitioner has been allotted only 4 cents whereas the other sharers have been allotted area in excess of 4 cents. Since the petitioner has been allotted 4 cents in a final decree which has been passed on 14-08- 2008, the remedy of the petitioner is not to file a Writ Petition but to file an appeal against the final decree before the District Court, Pathanamthitta. Therefore, the petitioner may either prefer an appeal against the final decree before the appropriate court or remain contented with the allotment of 4 cents under the final decree in which case she is entitled to the benefit of Ext.P7 judgment dated 7-7-2008 in W.P.(C) No. 14145 of 2008 wherein the Village Officer, Kavumbhagom Village has been directed to effect mutation in the name of the petitioner of the W.P.(C) NO. 27481 of 2008 -:2:- property allotted to the petitioner in the final decree within one month of the date of production of the judgment of the Munsiff's Court. In case the petitioner remains contented with the allotment made under the final decree she may produce a copy of the final judgment before the Village Officer , Kavumbhagom Village Office, and seek implementation of Ext,.P7 judgment. In case the petitioner is not satisfied with the allotment under the final decree mentioned earlier, she may prefer an appeal before the trial court. It is open to her to move the District Legal Service Committee for legal assistance in case she is hard pressed for funds to file an appeal. 3. With this observation , this Writ Petition is disposed of. I place on record, the services of Smt. M.A. Zuhara the learned counsel who assisted this court in her capacity as amicus curiae. V. RAMKUMAR, (JUDGE) ani.