IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 20TH JULY 2010 / 29TH ASHADHA 1932 WP(C).No. 22590 of 2010(W) -------------------------- PETITIONER: --------------- MUHAMMED NIYAS, AGED 40 YEARS, S/O. YAHIYA KOYA, NIYAS MANZIL, KILIKOLLUR, KOLLAM-4. BY ADV. SRI.O.V.MANIPRASAD SRI.SAJU J PANICKER RESPONDENTS --------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE TAHSILDAR, REVENUE RECOVERY, KOLLAM. 3. THE VILLAGE OFFICER, KILIKOLLUR, KOLLAM. 4. MUHAMMED NAHAS, PRIME CASHEW INDUSTRIES POREEKKAL, MARANAD.P.O, PUTHOOR, KOLLAM. BY GOVERNMENT PLEADER ADV. MR. BIJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 22590 OF 2010 ......................................................................... Dated this the 20th July, 2010 J U D G M E N T The petitioner has approached this Court with the following prayers: “i) Issue a writ of mandamus, order or direction or any other appropriate writ directing the respondents 1 to 3 to stop all further proceedings with regard to the auction of the property shown in Ext.P3 notice where the petitioner is also having equal right ; ii) to issue a writ of mandamus , order or direction directing the 2nd respondent to consider Ext.P2 objection filed by the petitioner and pass appropriate orders; iii) such other relief that this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. 2. The learned Counsel for the petitioner submits that the petitioner will be satisfied if the second respondent is directed to consider Ext.P2 statement of objection and pass appropriate orders thereon. 3. Heard the learned Government Pleader as well. W.P.(C) No. 22590 OF 2010 2 4. Taking note of the limited relief sought for and proposed to be given, this Court does not find it necessary to issue notice to the 4th respondent for the time being. In the above circumstance, the second respondent is directed to consider the objection filed by the petitioner and pass appropriate orders thereon, after giving an opportunity of hearing to all concerned including the petitioner as well as the the 4th respondent, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of the judgment. It is made clear that till such orders are passed on Ext.P2, all further coercive proceedings against the petitioner shall be kept in abeyance. The Writ Petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk