IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 17TH MARCH 2010 / 26TH PHALGUNA 1931 WA.No. 2215 of 2009() --------------------- AGAINST THE JUDGEMENTIN WPC.19929/2005 Dated 24/08/2009 .................... APPELLANT/5TH RESPONDENT: -------------- K.V.SARADA AGED 75 YEARS, T.C.NO.2/3240, PATTOM, TRIVANDRUM DIST, REP.BY HER POWER OF ATTORNEY HOLDER N.CROMPTION. BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.PAUL MATHEW (PERUMPILLIL) SRI.K.P.DANDAPANI(SR) RESPONDENTS/RESPONDENTS 1 TO4&PETITIONER: --------------- 1. STATE OF KERALA, REP.BY SECRETARY TO THE GOVERNMENT(REVENEU)SECRETARIAT, TRIVANDRUM/ 2. THE DIST.COLLECTOR, TRIVANDRUM. 3. THE REVENUE DIVISIONAL OFFICER, TRIVANDRUM. 4. THE TALUK THAHASILDAR,TRIVANDRUM., 5. T.K.SATHYABABU, T.C.NO.2/3192, NEAR KENDRIYA VIDYALAYA, PATTOM, TRIVANDRUM. R1 TO 4 BY SR.G.P. SRI.BENJAMIN PAUL R5 BY ADV. SRI.G.S.RAGHUNATH, SR. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 17/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & P.S. GOPINATHAN, JJ. -------------------------------------------- W.A. No. 2215 OF 2009 -------------------------------------------- Dated this the 17th day of March, 2010 JUDGMENT Ramachandran Nair, J. Heard Sri. K.P. Dandapani, senior counsel appearing for the appellant, and Sri. G.S. Reghunath, counsel appearing for the contesting respondent. The case of the appellant is that property claimed by the fifth respondent namely 4.644 cents of land in Sy. No.1704/12-1 of Pattom Village as in his possession was subject matter of dispute before civil court and in execution proceedings appellant has obtained the property. We do not think there is any need to consider the controversy on the factual position as to who is in possession of the property involved. We find that learned single Judge has only directed the District Collector to consider the grievance of the fifth respondent after giving opportunity to him. It is also made clear in the judgment that whatever decision is taken by the District Collector pursuant to judgment will be subject to the result of civil court orders which alone can settle property dispute among parties. In view of the contention of WA 2215/2009 2 the appellant that the very same property claimed by the fifth respondent was obtained by him in execution of a decree, the Collector will first look into the matter with reference to court orders and judgment and whatever the Collector decides should be consistent with the civil court orders and decrees. Writ Appeal is disposed of directing the Collector to adjudicate the matter, but subject to the above direction. If required, Collector is free to conduct enquiry about identification and possession of property through subordinate authorities. (C.N.RAMACHANDRAN NAIR) Judge. (P.S. GOPINATHAN) Judge. kk