IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 WP(C).No. 28008 of 2008(H) -------------------------- PETITIONER(S): --------------- SAIDALIKUTTY VALLAKKATTUTHODI, S/O.LATE MOIDEENKUTTY, VALLAKKATTUTHODI HOUSE, EDAYOOR, VALANCHERY, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): --------------- 1. THE DISTRICT REGISTRAR, MALAPPURAM. 2. THE SUB REGISTRAR, KOLATHUR SUB REGISTRY, KOLATHUR, MALAPPURAM DISTRICT. 3. KUNHIMOIDEEN, S/O.LATE MOIDEENKUTTY, VALLAKKATTUTHODI HOUSE, EDAYOOR, VALANCHERY, MALAPPURAM DISTRICT. 4. ABDUL RAZAK, S/O.LATE MOIDEENKUTTY, VALLAKKATTUTHODI HOUSE, EDAYOOR, VALANCHERY, MALAPPURAM DISTRICT. 5. MARAKKAR, S/O.LATE MOIDEENKUTTY, VALLAKKATTUTHODI HOUSE, EDAYOOR, VALANCHERY, MALAPPURAM DISTRICT. BY GOVERNMENT PLEADER SMT.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).28008/2008 -------------------- Dated this the 23rd day of September, 2008 JUDGMENT Petitioner is aggrieved that respondents 3 to 5 have apparently conspired together and executed a document of partition impersonating the sisters of the petitioner and also stating in the document that whereabouts of the petitioner is not known to the effect that the petitioner is believed to be no more. Allegations, if true, are extremely serious. Petitioner seeks a direction to the second respondent, the Registering Authority, not to deliver the document No.2312/08 to respondents 3 to 5. 2. On 19.9.2008, learned Government Pleader was directed to get instructions as to whether any person has filed any objections as regards the registration of document No.2312/2008 of Kolathur Sub Registrar's Office and also whether the electoral cards of the Vendors were brought and verified at the time of registration of the document. Learned Government Pleader, on instructions, submits that the electoral cards were verified and objections were received yesterday, on 22.9.2008. W.P.(C).28008/2008 2 3. In my view, the petitioner has an efficacious remedy before the Civil Court. In fact, it is only appropriate that the petitioner approaches the Civil Court for setting aside the document in question. Without prejudice to the said right of the petitioner, writ petition is closed. V.GIRI, Judge mrcs