IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 5TH JULY 2010 / 14TH ASHADHA 1932 WP(C).No. 20793 of 2010(O) -------------------------- PETITIONERS: --------------- 1. SUBRAMANIAN, S/o. RAMAN CHETTIAR 2. MOHANAN, S/o. RAMAN CHETTIAR 3. PARAMESWARAN, S/o. RAMAN CHETTIAR 4. GURUSWAMY, S/o. RAMAN CHETTIAR 5. RADHAKRISHNAN, S/o. RAMAN CHETTIAR ALL ARE RESIDING AT PULATHOTTIL HOUSE, AZHIYANNOOR BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE RESPONDENTS: --------------- 1. the LAND TRIBUNAL, PALAKKAD 2. VASANTHA, W/O. MANOHARAN @ MOHANAN 3. MANOHARAN @ MOHANAN, S/O. PAZHANISWAMY 4. GEETHA, D/O. SANKARAN CHETTIAR ALL ARE RESIDING AT SHANMUGHA VILASAM, CHETTITHERUVU THRIPPALAMUNDA DESOM, PERINGOD AMSOM, PALAKKAD TALUK – 679 535 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- W.P.C.No.20793 of 2010 --------------------------------------- Dated this 05th day of July, 2010 JUDGMENT According to the petitioners, property in dispute belonged in jenm to P.S. Narayana Iyer and it was outstanding on lease with Pazhaniswamy Chettiar. He executed a registered Will No.91 of 1997. Petitioners are legatees under the said Will. On respondent Nos.2 to 4 allegedly trespassing into the suit property, petitioners filed O.S.No.621 of 2009 for recovery of possession and other reliefs. According to the petitioners, respondent Nos.2 to 4 are making hasty attempts to get a purchase certificate issued in their name in S.M.Proceeding No.529 of 2004 of Land Tribunal, Palakkad. Thereon, petitioners filed Ext.P3, application to implead themselves in the said proceeding. But the Land Tribunal has not disposed of that application so far. Apprehension of petitioners is that without impleading petitioners as party to the S.M.P, respondent Nos.2 to 4 might obtain purchase certificate and make a false claim over the property. Petitioners therefore seek a direction to the Land Tribunal, Palakkad to dispose of Ext.P3, application immediately. W.P.C.No.20793 of 2010 : 2 : 2. Having regard to the facts and circumstances of the case and considering the apprehension expressed by petitioners the Land Tribunal, Palakkad is directed to dispose of Ext.P3, application for impleadment at the earliest as provided under law. This writ petition is disposed of with the above direction. (THOMAS P JOSEPH, JUDGE) Sbna/-