IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 WP(C).No. 23292 of 2011(J) ---------------------------------------- PETITIONER(S): ------------------------ YESUDAS, S/O.ANTONY, PUTHIYAPARAMBIL HOUSE, SNEHADEEP, 200 ACRE, MILLUMPADI, ADIMALI, DEVIKULAM TALUK, DIST.IDUKKI. BY ADVS. SRI.K.REGHU KOTTAPPURAM, SRI.R.MAHESH (KOTTAPPURAM). RESPONDENT(S): --------------------------- 1. THE VILLAGE OFFICER, CHINNAKKANAL VILLAGE, UDUMBANCHOLA TALUK, DIST.IDUKKI - 685 554. 2. THE TAHSILDAR, UDUMBANCHOLA TALUK, UDUMBANCHOLA, DIST.IDUKKI. 3. THE DISTRICT COLLECTOR, IDUKKI DISTRICT, IDUKKI - 685 603. R1 TO R3 BY SR. GOVERNMENT PLEADER SMT. M.J.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.23292/2011 J APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PATTA VIDE L.A.151/65 DTD. 30/05/1965. P2: COPIES OF LAND TAX RECEIPTS FOR THE PERIODS FROM 66-67, 67-68, 69-70,70-71, 71-72, 72-73, 73-74,74-75,75-76,76-77,93-94. P3: COPY OF SALE DEED NO.460/95 DTD. 28/02/1995 OF SRO, RAJAKUMARI. P4: COPY OF RECEIPT DTD. 20/03/95 VIDE D.NO.460/95DTD. 28/02/95. P5: COPIES OF LAND TAX RECEIPTS FOR THE PERIOD 94-95, 95-96, 96-97, 97-98, 99-2000, 2004-05, 2005-06, 2006-07, 2008-09 TO 2010-11,2011-12. P6: COPY OF THE APPLICATION DTD. 4/01/2011 FOR POSSESSION CERTIFICATE. P7: COPY OF APPLICATION DTD. 4/01/2011 FOR GENUINENESS CERTIFICATE. P8: COPY OF LETTER DTD. 28/03/2011 FROM THE TAHSILDAR. P9: COPY OF THE PLAINT IN O.S.157/08. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 23292 OF 2011 ----------------------------------------------------- Dated this the 26th day of August , 2011 J U D G M E N T Petitioner made an application for a genuineness certificate in respect of the property assigned as per L.A.151/65. That application has been rejected as per Ext.P8. Two reasons are stated in Ext.P8 order, one is that proceedings in connection with the cancellation of the assignment in question are submitted to the District Collector. The other reason stated is that a civil case, O.S.157/0, in connection with the said assignment is pending before the Munnar Tribunal. 2. Referring to Ext.P8, the plaint, learned counsel submits that the petitioner or the property which is the subject matter of this application are in no way connected with the above suit. A perusal of the suit, prima facie substantiates the said contention. Irrespective of this, the second reason stated in Ext.P8 is a valid one, viz. that W.P.(C) No. 23292 OF 2011 :2 : proceedings in relation to the cancellation of the patta are pending before the District Collector. During the pendency of such proceedings this court cannot expect the respondent to issue genuineness certificate at this stage. Therefore I do not find any reason to interfere with Ext.P8. Hence this writ petition is dismissed. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge