IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 15TH SEPTEMBER 2008 / 24TH BHADRA 1930 OP.No. 32876 of 2001(L) ----------------------- PETITIONER: ------------ KARIPPATH KUNHAMBU PODUVAL, S/O. CHATHU PODUVAL, AGED 76 YEARS, AGRICULTURIST, RESIDING IN PAYYANNUR AMSOM, THAYINURI DESOM, KANNUR DT. BY ADV. SRI.C.KRISHNAN(KANNUR) SRI.A.MOHAMED MUSTAQUE RESPONDENTS: ------------- 1. PARIPPATH KUNHIRAMA PODUVAL, AGED 65, S/O. CHINDA PODUVAL, ' SANTHIGRAMAM ', ANNUR, VELLUR AMSOM DESOM, P.O. ANNUR, TALIPARAMBA TALUK, KANNUR DT. 2. THE DISTRICT COLLECTOR, KANNUR. 3. THE REVENUE DIVISIONAL OFFICER, THALASSERY, P.O. THALASSERY, KANNUR DT. BY GOVERNMENT PLEADER SRI. M.R. SABU. SRI.M.V.AMARESAN FOR R1 SRI.V.N.RAMESAN NAMBISAN THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 15/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 32876 of 2001 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 15th September, 2008. J U D G M E N T The petitioner applied for registration under the Malabar Land Registration Act in respect of certain properties and obtained Ext. P3 order in his favour. The 1st respondent filed a revision before the District Collector, who directed re-consideration of the matter at the hands of the 3rd respondent. Thereupon, the 3rd respondent passed Ext. P5 order wherein it was found that the property in question belonged to the Tharawad as a whole and not to the petitioner alone. Accordingly, the 3rd respondent, by Ext. P5 order, directed registration of the land in the name of the Tharawad and not in the name of any individuals. Ext. P5 is under challenge before me. 2. The 1st respondent is no more. Therefore, this Court, by order dated 22-11-2006, directed the petitioner to take steps to implead the legal heirs. The petitioner did not take any steps. Again, the matter was posted on 11-1-2008. But, the same was not taken up on that day. In spite of the same, the petitioner has not taken any steps to implead the legal heirs. In the above circumstances, I do not think that this original petition should be retained in the file any longer. Accordingly, the original petition is closed without prejudice to the right of the petitioner to establish his rights, if any, in a civil suit. Sd/- S. Siri Jagan, Judge. Tds/