IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 WP(C).No. 12696 of 2009(O) -------------------------- OS.99/1966 of PRINCIPAL SUB COURT, PALAKKAD .................... PETITIONER(S): ------------------------ DIVAKARAN,S/O.AYYAPPAN, 42/476,MATHAI MANJOORAN ROAD,PACHALAM,ERNAKULAM DISTRICT-682 012. BY ADVS. MR.O.RAMACHANDRAN NAMBIAR, MR.GEEN T.MATHEW. RESPONDENT(S): --------------------------- S.M.UNNIKRISHNAN, ADVOCATE RECEIVER, CHENTHAMARA, WEST FORT ROAD,PALAKKAD DISTRICT- 678 001. BY ADV. MR.U.BALAGANGADHARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.12696 of 2009 - O --------------------------------- Dated this the 9th day of June, 2009 J U D G M E N T This writ petition is filed under Article 226 and 227 of the Constitution of India seeking the following reliefs: “i) To issue a writ of mandamus or such other writ, direction or order directing the respondent to deliver the property involved in O.S.No.99/1966 before the Subordinate Court, Palakkad at Mudappalloor amsom and desom which is bid by the petitioner in auction as per Ext.P3 to the petitioner for cultivation at an earlier date fixed by this Honourable Court. ii) To direct the respondent to seek the assistance of the police officials at Vadakkancherry Police Station or any other police station who have jurisdiction over the petitioner to receive the possession of the properties from the respondent and to start the agricultural operations.” 2. Petitioner is one among the parties in O.S.No.99/1966 on the file of the Sub Court, Palakkad. Suit was for partition in which a preliminary decree has already been passed. Ext.P1 is the copy of that decree. Pursuant to passing of the preliminary decree, an advocate receiver was appointed and on his passing W.P.(C).No.12696 of 2009 - O 2 away another advocate, the respondent, was appointed as receiver. Collection of userfructs from the properties involved in the suit are auctioned from 1995 onwards among the sharers and the petitioner herein have successfully bid the right to take userfructs from some of the items of the properties in the suit. Grievance of the petitioner is that after deposit of the bid amount the properties are not handed over and he is prevented from collecting the userfructs. 3. Notice on admission given to the respondent, he entered appearance through counsel, and filed a counter. I heard the counsel on both sides. 4. Learned counsel for the respondent submitted that two of the items have already been handed over and further time is needed to hand over the rest of the items. Difficulty in handing over arose because there was some dispute regarding the identification of the properties which demanded measurement and fixation of the boundaries with the help of a village officer and surveyor. The learned counsel further submitted that within a period of six weeks time it will be thrashed out and the W.P.(C).No.12696 of 2009 - O 3 properties bid by the petitioner will be handed over to him. I appreciate the stand taken for the respondent and in the nature of the disputes presented, I am of the view that appropriate directions, if any, needed in the event of any dispute survive can be obtained by the parties by approaching the court below, and the writ petition need not be kept pending before this court. The writ petition is disposed of as indicated above. Send a copy of this judgment to the court below. S.S.SATHEESACHANDRAN, JUDGE. bkn/-