IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 29TH JULY 2011 / 7TH SRAVANA 1933 WP(C).No. 20705 of 2011(K) -------------------------- PETITIONER(S): ----------------------- STANLEY MOSES,S/O.SAMUEL THOTTUNGIL, CHEMBAKASSERI MEETHIL,23/3439,NELLICODE AMSOM DESOM,CALICUT-16. BY ADV. SRI.K.RAVEENDRAN RESPONDENT(S): --------------- 1. THE SECRETARY,PUBLIC WORKS DEPARTMENT, GOVERNMENT OF KERALA,SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. THE DISTRICT COLLECTOR, KOZHIKODE 673001 3. THE TAHSILDAR,KOZHIKODE TALUK, KOZHIKODE 673 001. 4. THE PASTORATE COMMITTEE,CSI CHURCH, PUTHIYARA , CALICUT,REP.BY ITS CHAIRMAN 673 001. BY GOVT. PLEADER SRI. P.N. SANTHOSH FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20705 of 2011 APPENDIX: PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE APPLICATION FOR ASSIGNMENT OF THE LAND TO THE GOVERNMENT DATED 7.3.1999. EXT.P2: TRUE COPY OF THE REPORT FROM OFFICE OF THE EXECUTIVE ENGINEER, PWD (ROADS) SUB DIVISION, CALICUT-4. EXT.P3: TRUE COPY OF THE JUDGMENT DATED 1.3.2010 IN R.S.A. No.72/2010. EXT.P4: TRUE COPY OF THE ORDER DATED S.L.P.(CIVIL) No.14029/2010 EXT.P5: TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 26.4.2010. EXT.P6: TRUE COPY OF THE REPORT BY TAHSILDAR ISSUED TO THE DISTRICT COLLECTOR. RESPONDENTS' EXHIBITS: NIL TRUE COPY P.A. TO JUDGE. Kp/ P.R. RAMACHANDRA MENON, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 20705 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of July , 2011 J U D G M E N T The petitioner has approached this court with following prayers: i. Issue a writ of certiorari or any other appropriate writ, direction or order calling for the records leading up to Exts.P5 and P6 proceedings and stay all further proceedings for dispossession, eviction and surrender of possession by the petitioner form house No.C.C.28/3439 of Puthiyara, Kottile Village in the Corporation of Calicut till the final disposal of the Land Assignment proceedings of the PWD land near the C.S.I cemetery pending before the Government of Kerala. ii. Issue a writ of mandamus or any other appropriate writ, direction or order commanding the respondents revenue Officials as well as the pastorate committee of the C.S.I . Church, Puthiyara not to evict, dispossess and/or get surrender from the petitioner from House No.C.C.28/3439 till the final disposal of the Land Assignment proceedings pending before the Government. 2. Learned counsel for the petitioner submits that the particular point projected in the writ petition was considered in the earlier round of litigations. 3. However, on going through the materials on record, it is very much evident that the dispute with regard to the eviction proceedings was taken up to the Apex Court at the instance of the WPC.No.20705 of 2011 : 2 : petitioner by filing SLP bearing No.14029/2010. The matter was considered by the Apex Court and observing that there was no merit in the SLP, the same was dismissed as per Ext.P4 order dated 17.1.2011. However, as a matter of indulgence, the Apex Court granted time till July 31, 2011 to vacate the suit premises, subject to the petitioners' filing the usual undertaking/affidavit in the Court within 4 weeks. 4. This Court does not find it necessary to ascertain whether the petitioner had filed any such undertaking/affidavit, as the last date falls the day after tomorrow. This Court also finds that the matter has become final by virtue of verdict passed by the Apex Court and the issue can't be reopened by issuing notice to respondents in any manner. The writ petition is devoid of any merit or bonafides and the same is dismissed accordingly. (P.R. RAMACHANDRA MENON, JUDGE) kp