IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 15TH JULY 2011 / 24TH ASHADHA 1933 WP(C).No. 13462 of 2011(G) ---------------------------------- PETITIONER(S): ------------------- MOHANAN PILLAI, S/O. LATE THANKAPPAN PILLAI, KALLUMOOTTIL VEEDU, VADAKKEKARA CHERRY, THRIKKARUVA VILLAGE, KOLLAM. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): --------------------- 1. THE CHITTUMALA BLOCK PANCHAYATH, CHITTUMALA EAST, KALLADA P.O., KOLLAM, REPRESENTED BY ITS SECRETARY. PIN - 691 308. 2. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, ASRAMAM, KOLLAM - 691 002. R-1 BY ADVS. SRI.P.R.PREMACHANDREN SMT.T.S.MAYA (THIYADIL) R2 BY GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO.13462/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RECEIPT EVIDENCING THE PAYMENT OF THE AMOUNT ISSUED FROM THE THRIKKADAVOOR PANCHAYATH. P2: COPY OF THE ORDER IN O.S. NO.533//2008 OF THE MUNSIFF COURT, KOLLAM. P3: COPY OF THE NOTICE NO.698/2000 DATED 25/04/2010 ISSUED BY THE 1ST RESPONDENT. P4: COPY OF REPLY SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 02/05/2011. P5: COPY OF THE NOTICE DATED 06/05/2011 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. RESPONDENT'S EXHIBITS: R1(a):COPY OF THE GOVERNMENT ORDER NO.G.O.(Rt) NO.3346/10/LSGD DATED 27/10/2010. R1(b):FORMAT CONTAINING TERMS AND CONDITIONS OF THE HIRE AGREEMENT AS PER G.O.M.S.46 DATED 28/01/1964. R1(c):COPY OF COMMISSION REPORT IN O.S.819/1995. R1(d):COPY OF JUDGMENT IN O.S. 819/1995. R1(e):COPY OF JUDGMENT IN A.S.169/2005. R1(f):COPY OF PLAINT IN O.S.533/2008. R1(g):COPY OF PW1'S DEPOSITION IN O.S.819/1995. /TRUE COPY/ P.A. TO JUDGE. svs HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No. 13462 of 2011 --------------------------------------- Dated this the 15th day of July 2011. JUDGMENT The main relief sought for in this writ petition is for a direction to restrain the first respondent Block Panchayat from forcibly evicting the petitioner from 8.10 Ares of property and the workshop comprised in Re-Sy.No. 3/5 of Thrikkadavoor Village till orders are obtained by the petitioner in the Civil Suit to be filed before the Munsiff Court, Kollam against the 1st respondent after giving due notice under section 249 of the Panchayath Raj Act. 2. The case of the petitioner is that he is in possession and enjoyment of 8.10 Ares of land which includes 10.25 cents of land with work shed in survey No.4602 A4,A5 of the Thrikkadavur Village. According to the petitioner the property in W.P.(C) No. 2 dispute was allotted to his father on 2.7.1967 by G.O.(MS) No. 104/67 Department of Industries and Commerce as per a Scheme called Work Shed Units. In view of the limited scope of this writ petition, this court do not proposes to go in to merits of the contentions raised by the parties. 3. Learned counsel for the petitioner submits that he has field O.S. No. 482/2011 before the Addl. Munisiff Court Kollam for protecting his right over the property in dispute and the same is pending consideration. It is further submitted that an I.A. 3031/2011 for interim relief is also pending consideration of the Civil Court. In the above said circumstances, the dispute raised by the petitioner is the subject matter of O.S.482/2011 pending before the aforesaid court, it is for the petitioner to agitate his contentions before the civil court for obtaining a decree in his favour. 4. In this circumstances, the writ petition is W.P.(C) No. 3 disposed of directing the petitioner to prosecute the suit for the purpose of seeking necessary reliefs. This Court by the interim order directed the parties to maintain status quo with respect to the property in dispute. The said order shall continue for a period of one month from today to enable the petitioner to move the Civil court for obtaining interim relief. The writ petition is disposed of as above. HARUN-UL-RASHID JUDGE al