IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.VINOD CHANDRAN MONDAY, THE 19TH DECEMBER 2011 / 28TH AGRAHAYANA 1933 WP(C).No. 30208 of 2009(U) -------------------------- PETITIONER : --------------- N.M.SAJU, AGED42 YEARS, S/O.MATHAI, NADAMKUZHY HOUSE, RAYAMANGALAM VILLAGE,L PULLUVAZHY KARA, KUNNATHUNADU TALUK. BY ADV. SRI.SIRAJ KAROLY SRI.R.JAYASREE RESPONDENTS: --------------- 1. THE VILLAGE OFFICER, RAYAMANGALAM, RAYAMANGALAM VILLAGE OFFICE, P.O.PULLUVAZHY KUNNATHUNADU TALUK. 2. THE TALUK TAHSILDAR, KUNNATHUNADU TALUK, TALUK OFFOCE, PERUMBAVOOR. 3. THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, MUVATTUPUZHA. 4. JOSHY S/O. VARKEY, CHENGALATHUPARAMBIL HOUSE, KUMILY VILLAGE, KUMILY .P.O. PEERUMEDU TALUK, IDUKKI DISTRICT, PIN-685509. GOVERNMENT PLEADER SRI. S. ABDUL SALAM ADV. SRI.GEORGE THOMAS (MEVADA) FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 30208 of 2009(U) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE PARTITION DEED NO.124/1973 EXT.P2 : TRUE COPY OF THE DEATH CERTIFICATE OF MERCY, WIFE OF DECEASED FATHER'S BROTHER PAULOSE EXT.P3 : TRUE COPY OF THE SALE DEED NO.1875/2009 OF KURUPPUMPADY SUB REGISTRY EXT.P4 : TRUE COPY OF THE COMPLAINT DATED 14.10.2009 TO THE 1ST RESPONDENT RESPONDENTS' ANNEXURES: NIL //TRUE COPY// P.A. TO JUDGE jma K. VINOD CHANDRAN, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P(C) No. 30208 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of December, 2011 J U D G M E N T The petitioner has filed the above writ petition contending that the property which is the subject matter of O.S No.169/2011 pending before the Sub Court, Perumbavoor has been conveyed by Ext.P3 title deed to the 4th respondent and that pending the same no mutation in accordance with the Transfer of Registry Rules may be effected since the same would prejudice him. It is also submitted that this Court has passed an order dated 26.10.2009 restraining the respondents one and two from passing final orders on the application submitted by the 4th respondent for effecting transfer of registry. In the circumstance of the civil suit pending before the Sub Court, Perumbavoor, I am of the opinion that this Court cannot go into the disputed questions of fact in these proceedings. The above writ petition hence, is closed, however, continuing the interim direction to the respondents 1 and 2 for a period of three months within which time the petitioner is free to approach the Civil Court for WPC.30208/2009 : 2 : appropriate remedies. If an application is filed by the petitioner, who is the 3rd plaintiff in the suit the Civil Court shall consider the same as expeditiously, as possible, and the parties shall co-operate in getting an early disposal of the application so filed. Sd/- (K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge WPC.30208/2009 : 3 :