IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 WP(C).No. 23338 of 2006(C) ----------------------------------------- PETITIONER(S): ------------------------- S. SIVAKUMAR, MANIKANDA NIVAS, K.S.N. MENON ROAD, COCHIN-16. BY ADV. SRI.INNOCENT FRANCIS PAPALI SMT.K.USHA RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, REGISTRATION DEPARTMENT, THIRUVANANTHAPURAM. 2. INSPECTOR GENERAL OF REGISTRATION, O/O.INSPECTOR GENERAL OF REGISTRATION, THIRUVANANTHAPURAM. 3. THE DISTRICT REGISTRAR (GENERAL) O/O. THE DISTRICT REGISTRAR (GENERAL) ERNAKULAM. 4. THE SUB REGISTRAR, MARADU, ERNAKULAM. 5. THE TAHSILDAR, KANAYANNOOR TALUK, ERNAKULAM. 6. PAUL D. PADAYATTIL, PADAYATTIL VEETTIL, ERANVANKARA DESOM, VADAKUMBHAGAM VILLAGE, ALUVA TALUK. 7. SEENA, W/O. PAUL D. PADAYATTIL, PADAYATTIL VEETTIL, ERANVAKARA DESOM, VADAKUMBHAGAM VILLAGE, ALUVA TALUK. Kss ..2/- ..2... WPC.NO.23338/2006 C 8. M.V. MUHAMMED, S/O. P.V. IBRAHIM, STERLING ESTATE, KUMARANASAN ROAD, ERNAKULAM. 9. S.L.P. NAZEEMA, D/O. M.T.P. ABDUL SALAM HAJI, SAIDEN MADATHIL LAYAN CHIRAPURAYIL, PAZHAYANGADI DESOM, MADAYI AMSOM, KANNUR TALUK, NOW RESIDING AT 10/199, FATHIMA VILLA, ETTIKULAM, THALIPARAMBU TALUK, RAMANDALI, KANNUR. 10. SR.MANAGER, CATHOLIC SYRIAN BANK LTD., M.G. ROAD, ERNAKULAM. GOVERNMENT PLEADER SMT. SUDHADEVI FOR R1 TO R5 ADV.SRI.KURIAN GEORGE KANNAMTHANAM (SR.) FOR R.6,7 SRI.JOHNSON MANAYANI FOR R8 SRI.P.CHANDRASEKHAR FOR R9 SRI.MADHU RADHAKRISHNAN FOR R10 SRI.P.RADHAKRISHNAN FOR R10 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.23338/2006 C APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER DTD. 07/08/1999 IN O.P.NO.328/96 IN THE FAMILY COURT, ERNAKULAM. EXT.P2: COPY OF THE STATEMENT OF ACCOUNT FROM 1/10/05 TO 28/11/05 ISSUED BY 10TH RESPONDENT. EXT.P2(A): COPY OF THE LETTER DTD. 28/11/2005 ISSUED BY 10TH RESPONDENT. EXT.P2(B): COPY OF THE LETTER NO.140 DTD. 11/1/2006 ISSUED BY 10TH RESPONDENT. EXT.P3: COPY OF THE ORDER DTD. 16/12/2005 IN I.A.NO.1098/96 (O.S. NO.150/96) IN THE DEBTS RECOVERY TRIBUNAL, ERNAKULAM WITH COVERING LETTER. EXT.P3(A): COPY OF THE LETTER APPENDIX F IN FORM NO.7A, SUIT NO. 1.A.744/96 IN O.S....96 TO BE FILED BEFORE THE DISTRICT COURT, ERNAKULAM. EXT.P4: COPY OF THE NOTICE NO.INS (4) 801/06 DTD. 29/05/06 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.P5: COPY OF THE REPRESENTATION DTD. 18/04/2006 SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT. EXT.P5(A): COPY OF THE AFFIDAVIT FILED BY 9TH RESPONDENT BEFORE THE 5TH RESPONDENT DTD. 30/05/2006. EXT.P5(B): COPY OF THE LIST OF DOCUMENT IN NO.S2/3417/06 SUBMITTED BEFORE THE 5TH RESPONDENT DTD. 31/05/06. EXT.P5(C): COPY OF THE WITNESS SCHEDULE DTD. 29/05/2006. EXT.P5(D): COYP F THE REPRESENTATION DTD. 28/06/2006 SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT. EXT.P5(E): COPY OF THE REPRESENTATION DTD. 06/07/2006 SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT. EXT.P6: COPY OF THE REPRESENTATION DTD. 21/06/2006 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. Kss ..2/- .....2...... WPC.NO.23338/2006 C EXT.P6(A): COPY OF THE REPRESENTATION DTD. 06/07/2006 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. EXT.P6(B): COPY OF THE LIST OF DOCUMENTS IN INS N.(4)801/06 DTD. 07/06/2006 SUBMITTED BEFORE 3RD RESPONDENT. EXT.P7: COPY OF THE REPRESENTATION DTD. 10/03/2006 SUBMITTED BY THE PETITIONER TO THE DISTRICT COLLECTOR, ERNAKULAM. EXT.P8: COPY OF THE ACKNOWLEDGEMENT CARDS RECEIVED FROM AUTHORITIES. EXT.P9: COPY OF THE REPRESENTATION DTD. 24/04/06 SUBMITTED BY THE PETITIONER TO THE COMMISSIONER OF POLICE, ERNAKULAM. EXT.P9(A): COPY OF THE REPRESENTATION DTD. 24/04/06 SUBMITTED BY THE 9TH RESPONDENT TO THE COMMISSIONER OF POLICE, ERNAKULAM. EXT.P10: COPY OF THE PETITION DTD. 30/03/05 SUBMITTED BY THE 8TH RESPONDENT'S FATHER TO THE 5TH RESPONDENT. EXT.P11: COPY OF THE LETTER DTD. 06/12/95 ISSUED BY THE 9TH RESPONDENT TO THE 4TH RESPONDENT. EXT.P12: COPY OF THE TELEGRAM SENT BY THE 9TH RESPONDENT TO THE 4TH RESPONDENT. EXT.P12(A): COPY OF THE TELEGRAM SENT BY THE 9TH RESPONDENT TO THE 3RD RESPONDENT. EXT.P13: COPY OF THE LETTER DTD. 12/09/2005 ISSUED BY THE 9TH RESPONDENT TO THE 10TH RESPONDENT. EXT.P14: COPY OF THE REPRESENTATION DTD. 28/11/05 SUBMITTED BY THE PETITIONER TO THE 10TH RESPONDENT. EXT.P14(A): COPY OF THE REPRESENTATION DTD. 28/11/05 SUBMITTED BY THE 9TH RESPONDENT TO THE 10TH RESPONDENT. EXT.P15: COPY OF THE ENCUMBRANCE CERTIFICATE FROM 01/01/1989 TO 03/10/05. Kss ..3/- ...3..... WPC.NO.23338/2006 C EXT.P15(A): COPY OF THE ENCUMBRANCE CERTIFICATE FROM 01/10/2005 TO 28/02/2006. EXT.P16: COPY OF THE RECEIPT NO.16442 DTD. 06/03/06 ISSUED BY VILLAGE OFFICER, POONITHURA. EXT.P17: COPY OF THE NOTICE NO.S 2/3417/06 DTD. 30/03/2006 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER. EXT.P18: COPY OF THE CHEQUE NO.322831 DTD. 28/11/2005 ISSUED BY THE PETITIONER TO THE 9TH RESPONDENT. EXT.P18(A): COPY OF THE DRAFT NO.431659DTD. 28/11/2005 ISSUED BY THE PETITIONER TO THE 9TH RESPONDENT. EXT.P19: COPY OF THE ORDER NO. S 2 – 3417/06 DTD. 22/07/2006 ISSUED BY THE 5TH RESPONDENT. EXT.P20: COPY OF THE ORDER NO.INS(4)801/06 DTD. 2/08/2006 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.P21: COPY OF THE PAPER REPORT PUBLISHED IN MALAYALA MANORAMA DAILY DTD. 21/09/2007. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss V. GIRI, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 23338 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of November, 2008 JUDGMENT Mr.Santhalingam, learned Senior counsel appearing for the petitioners submits that on advice the petitioner has instituted a suit in OS No.945/08 before the Sub Court, Ernakulam claiming similar reliefs. He further submits that in the nature of the issue between the parties, it would be more appropriate that there should be an adjudication by a Civil Court. In the result, the Writ Petition is closed without prejudice to the contentions of either side. It is open to the petitioner, who is the plaintiff in the suit, to seek an expeditious adjudication of the said suit by the civil court. (V. GIRI, JUDGE) ttb