IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 24TH SEPTEMBER 2010 / 2ND ASWINA 1932 OP(C).No. 58 of 2010(O) ----------------------- OS.457/2008 of MUNSIFF COURT,ALUVA .................... PETITIONER (S): -------------------- BINOY JOSEPH S/O.JOSEPH, RESIDING AT VALIYAMURATHINGAL HOUSE, ANGAMALI VILLAGE. BY ADV. SRI.P.B.KRISHNAN SRI.P.M.NEELAKANDAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED THE DISTRICT COLLECTOR, ERNAKULOAM,, PIN-682 030. 2. THE TAHSILDAR, ALUVA TALUK OFFICE, ALUVA-683 101. 3. THE SUPERINTENDENT OF SURVEY & LAND RECORDS, KAKKANAD PIN-682 030 4. THE ASSISTANT ENGINEER, PWD ROAD, ANGAMALI PIN-683 572. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 24/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.58 of 2010 -------------------------------------- Dated this the 24th day of September, 2010. JUDGMENT Learned Government Pleader takes notice for respondents. Heard both sides. 2. Plaintiff in O.S.No.457 of 2008 of the court of learned Munsiff, Aluva is the petitioner before me seeking a direction to issue certified copy of judgment within a time to be specified by this Court and to restrain respondents from dispossessing plaintiff and demolishing structures in the suit property for a period of one month from the date of issue of certified copy of judgment. Petitioner and plaintiff No.2 sued respondents for a decree for prohibitory injunction against dispossessing them from the suit property. Learned Munsiff found that the suit property except six cents is puramboke land over which petitioner or plaintiff No.2 can have no right and consequently dismissed the suit. Petitioner and plaintiff No.2 intend to prefer appeal and have applied for a certified copy of judgment and decree but so far it is not issued. In the meantime respondents have issued notice of auction for demolition and removal of building and the notice was affixed on the property on 20.09.2010. Hence this Writ Petition. OP(C) No.58/2010 2 3. Having regard to the circumstances stated before me, I am inclined to direct respondents not to demolish the structures for sometime so that in the meantime petitioner and plaintiff No.2 could prefer appeal and seek appropriate relief. Resultantly this Original Petition is disposed of in the following lines: i. Learned Munsiff, Aluva is directed to issue certified copy of judgment in O.S.No.457 of 2008 if applied for on usual terms as to costs as early as possible. ii. Respondents are directed not to demolish structures in the suit property for a period of two weeks from the date notified by the learned Munsiff for delivery of copy of judgment applied for by petitioner and plaintiff No.2. THOMAS P.JOSEPH, Judge. cks