IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 WP(C).No.33679 of 2008(H) --------------------------------- OS.431/2004 of MUNSIFF COURT,ALUVA .................... PETITIONERS: ---------------- 1. M.SIVARAMA MENON, 'SHARIKA', KUTTIKKAT ROAD, SREEMOOLANAGARAM, ERNAKULAM DISTRICT. 2. SARADA MENON, 'SHARIKA', KUTTIKKAT ROAD, SREEMOOLANGARAM, ERNAKULAM DISTRICT. BY ADV. SRI.MOHAN C.MENON RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF SURVEY & LAND RECORDS, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT, SURVEY AND LAND RECORDS, KAKKANAD, ERNAKULAM. 4. THE SREEMOOLANAGARAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, SREEMOOLANAGARAM.PO, ERNAKULAM DISTRICT. GOVT. PLEADER SRI.P.RAVINDRA BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C. No.33679 of 2008 ------------------------------------------------ Dated this the 14th day of November, 2008 JUDGMENT Heard the counsel for the petitioners. There is no merit in the contention that Exts.P2 and P3 directions issued by this Court are not complied with by the third respondent as he was not a party either in Ext.P2 or Ext.P3 proceedings. However, Ext.P4 is a letter issued by him in reply to the letter of the petitioner dt.11/06/08 and Ext.P4 shows that R3 is expressing inability to take any step as desired by the petitioner in view of pendency of O.S.431/04; and that he will take steps immediately after decree is passed on O.S.431/04. Though the third respondent was not a party either in Ext.P2 or Ext.P3 the directions in Exts.P2 and P3 were obtained by the petitioners to dispose of the appeal preferred by him before the Survey authorities W. P. C. No.33679 of 2008 -2- at an early date pointing out that there are civil suits pending between the writ petitioner and the Government/Panchayath. Hence, it is only proper that the third respondent disposes of the appeal pending before him before the disposal of the civil suits pending before the Munsiff's Court, Aluva. The petitioners shall produce authentic copies of Exts.P2 and P3 before the third respondent along with a copy of this judgment whereupon the third respondent shall take up the appeal filed by the petitioner under the Survey and Boundaries Act and dispose it of at the earliest and in any event, within one month from the date of production of copies of Exts.P2 and P3 judgments as also this judgment. 2. Counsel for the petitioner submits that he will produce copies of judgments as directed above before the third respondent W. P. C. No.33679 of 2008 -3- positively on or before 21/11/08. The trial and disposal of O.S.431/04 on the file of the Munsiff's Court, Aluva shall stand stayed till 01/01/09. 3. This Writ Petition is disposed of with the above directions. K.P.BALACHANDRAN, JUDGE kns/-