IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 WP(C).No. 25718 of 2009(O) -------------------------------------- [E.A. 714/09 IN E.P.95/82 IN O.S. 339/69 OF THE MUNSIFF'S COURT, NEYYATTINKARA] ........... PETITIONERS: --------------------- 1. S.GIRISH KUMAR,AGED 42 YEARS, S/O.SUKUMARAN KUTTY NAIR, VALSALA BHAVAN, DOOR NO.ATRA A-8,ALTHARA JUNCTION, MALAYANKIL P.O., THIRUVANANTHAPURAM. 2. GEETHA KUMARI,AGED 45 YEARS, W/O. B.PAPDMANABHAN NAIR, VALSALABHAVAN, DOOR NO.ATRA A -9, ALTHARA JUNCTION, MALAYANKIL P.O., THIRUVANANTHAPURAM. 3. G.S.HARILAL, AGED 19 YEARS, S/O.K.SHANMUGHAN, LATHA BHAVAN, ALTHARA JUNCTION, MALAYANKIL P.O., THIRUVANANTHAPURAM. BY ADV. MR.G.S. REGHUNATH RESPONDENTS: ------------------------ 1. C.VASANTHY DEVI, AGED UNKNOWN TO THE PETITIONERS, RESIDING AT T.C.NO.24/963 MINCHIL ROAD, VAZHITHA CAUD, THYCAUD P.O., THIRUVANANTHAPURAM-14 2. REMANI AMMA, AGED UNKNOWN TO THE PETITIONERS,'VRINDAVAN' TC NO.26/528, SECRETERIET WARD, VANCHIYOOR VILLAGE, THIRUVANANTHAPURAM-1. W.P.(C). NO.25718/2009-O: 3. BINDU RADHAKRISHNAN,AGED UNKNOWN TO THE PETITIONERS, RESIDING AT 'VRINDAVAN' T.C.NO 26/528,SECRETERIET WARD, VANCHIYOOR VILLAGE, THIRUVANANTHAPRUAM-1. 4. INDU SHARMA,AGED UNKNOWN TO THE PETITIONERS, RESIDING AT 'VRINDAVAN' T.C.NO.26/528,SECRETERIET WARD, VANCHIYOOR VILLAGE,THIRUVANANTHAPURAM-1 5. SINDHU BHUSHAN, AGED UNKNOWN TO THE PETITIONERS, RESIDING AT 'VRINDAVAN' T.C. NO.26/528,SECRETARIET WARD, VANCHIYOOR VILLEGE,THIRUVANANTHAPURAM-1. 6. M.VIJAYALAKSHMI, AGED UNKONWN TO THE PETITIONERS, W/O.CHANDRASEKHARAN NAIR, RESIDING ASHIYANA HOUSE, T.C.28/408(4) VIJAY GARDENS, KAITHAMUKKU, THIRUVANANTHPAURAM- 23. 7. V.GEETHA, AGED UNKNOWN TO THE PETITIONERS, RESIDING AT 3A3 ROYAL CRUST VILLA, B.CANTI HOMES, JAWAHAR NAGAR, THIRUVANANTHAPURAM. 8. V.SRILEKHA, AGED UNKNOWN TO THE PETITIONERS, RESIDING AT 'ANUGRAHA' T.C.28/408(1), KAITHAMUKKU, THIRUVANANTHAPURAM-23 9. V.MAHALAKSHMI, AGED UNKNOWN TO THE PEITIONERS,RESIDING AT ASHIYANA HOUSE, T.C.28/408(4) VIJAY GARDENS,KAITHAMUKKU, THIRUVANANTHAPURAM-23. R1 TO R9 BY MR.M.M.ABDUL AZIZ, SENIOR ADVOCATE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.25718/2009-O: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CLAIM PETITION, E.A. NO. 714/2009 IN E.P. NO. 95/1982 IN O.S. NO. 339/1969 ON THE FILE OF THE HONOURABLE MUNSIFF'S COURT, NEYYATTINKARA. EXT.P.2: COPY OF THE PARTITION DEED NO. 1159/1124 OF S.R.O., NEMOM. EXT.P.3: COPY OF THE SETTLEMENT DEED NO. 2204/1984 OF S.R.O. MALAYINKIL. EXT.P.4: COPY OF THE CERTIFICATE DTD. 12/03/1965 ISSUED BY THE EXECUTIVE ENGINEER TO THE INSPECTOR GENERAL OF PRISONS, THIRUVANANTHAPURAM. EXT.P.5: COPY OF THE BASIC TAX RECEIPTS DTD. 18/11/1991 ISSUED IN FAVOUR OF P. SUKUMARANKUTTY NAIR. EXT.P.6: COPY OF THE BUILDING TAX RECEIPTS DTD. 24/09/2002 ISSUED IN FAVOUR OF P. SUKUMARAN KUTTY NAIR. EXT.P.7: COPY OF THE LAND TAX RECEIPTS DTD. 13/05/2009 ISSUED IN FAVOUR OF P.1. EXT.P.8: COPY OF THE LAND TAX RECEIPTS DTD 27/08/2009 ISSUED IN FAVOUR OF P.1. EXT.P.9: COPY OF THE LAND TAX RECEIPTS DTD. 27/08/2009 ISSUED IN FAVOUR OF P.2. EXT.P.10: COPY OF THE LAND TAX RECEIPTS DTD. 13/05/2009 ISSUED IN FAVOUR OF P.2. EXT.P.11: COPY OF THE BUILDING TAX RECEIPT DTD. 19/09/2008 ISSUED IN FAVOUR OF P.1. EXT.P.12: COPY OF THE LAND TAX RECEIPTS DTD. 19/09/2008 ISSUED IN FAVOUR OF SUKUMARAN KUTTY NAIR. EXT.P.13: COPY OF THE SALE DEED NO. 554/1111. EXT.P.14: COPY OF THE SALE DEED NO. 2622/1970 OF S.R.O. MALAYINKIL. EXT.P.15: COPY OF THE LAND TAX RECEIPT DTD. 07/01/2008 EVIDENCING THE PAYMENT OF BASIC TAX FOR THE SAID PROPERTY BY THE P.3. EXT.P.16: COPY OF THE CLAIM PETITION, OWNER IN EXCLUSIVE POSSESSION AND ENJOYMENT OF THE PROPERTY SCHEDULED IN E.A. NO. 717/2009 IN E.P. NO. 95/1982 IN O.S. NO. 339/1969 ON THE FILE OF THE HON'BLE MUNSIFF'S COURT, NEYYATTINKARA. EXT.P.17: COPY OF THE E.A. NO. 600/2003 IN O.S. NO. 339/1969 ON THE FILE OF THE HON'BLE MUNSIFF'S COURT, NEYYATTINKARA. W.P.(C). NO.25718/2009-O: EXT.P.18: COPY OF THE E.A. NO. 603/2003 IN O.S. NO. 339/1969 ON THE FILE OF THE HON'BLE MUNSIFF'S COURT, NEYYATTINKARA. EXT.P.19: COPY OF THE DELIVERY WARRANT ISSUED TO THE AMIN IN O.S. NO. 339/1969 BY THE HON'BLE MUNSIFF'S COURT, NEYYATTINKARA. EXT.P.20: COPY OF THE PHOTOGRAPH OF THE RESIDENTIAL HOUSE OF THE P.1. EXT.P.21: COPY OF THE PHOTOGRAPH OF THE RESIDENTIAL HOUSE OF THE P.2. EXT.P.22: COPY OF THE PHOTOGRAPH OF THE RESIDENTIAL HOUSE OF THE P.3. EXT.P.23: COPY OF THE PHOTOGRAPH OF THE KALAYANMANDAPAM TO THE P.1. //TRUE COPY// P.A. TO JUDGE. Prv. S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.25718 of 2009 - O --------------------------------- Dated this the 24th day of September, 2009 J U D G M E N T Writ petition is filed seeking the following relief: “To direct the honourable Munsiff Court, Neyyattinkara not to proceed with the other proceedings in E.P.No.95/1982 in O.S.No.339/1969 on its file without adjudicating and disposing of Exhibit P1 and P16 (E.A.No.714/2009 and E.A.No.717/2009).” 2. At the time when the writ petition was admitted, after hearing the learned counsel for the petitioner, an interim order was passed allowing the delivery ordered, but, with an interdiction that the petitioners shall not be evicted from the buildings which are claimed to be under their occupation. That interim order still continues in force. At the time of hearing, learned counsel on both sides submitted that retaining the interim order, till the disposal of the claim petitions filed by the petitioner which are Exts.P1 and P16, the writ petition may be disposed of. W.P.(C).No.25718 of 2009 - O 2 3. Having regard to the submissions made, I direct the court below to dispose of Exts.P1 and P16 applications moved by the petitioner in accordance with law, as expeditiously as possible, at any rate, before closing of the courts for the Christmas vacation. Till the disposal of those petitions, the interim order passed by this Court as indicated above shall continue in force. Subject to the above directions/observations, the writ petition is closed. Send a copy of the judgment to the court concerned forthwith, and handover a copy to the counsel on both sides on usual terms. S.S.SATHEESACHANDRAN, JUDGE. bkn/-