IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 21ST FEBRUARY 2011 / 2ND PHALGUNA 1932 WP(C).No. 4703 of 2011(K) ------------------------------------- PETITIONER(S): ------------------------ MSP FAMILY JAIN TRUST REP.BY ITS PRESIDENT SREEMANDARAVARMA JAIN, S/O.M.P.SANTHIVARMA JAIN, AGED 42 YEARS, KALYANAMANDIRAM ESTATE, MUTTIL NORTH VILLAGE, KALPATTA NORTH, VYTHIRI TALUK, WAYANAD DISTRICT. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): --------------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, WAYANAD. 3. THE TAHSILDAR, VYTHIRI TALUK, WAYANAD DISTRICT. R1 TO R3 BY SENIOR GOVT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts P.R.RAMACHANDRA MENON, J. ------------------------- W.P (C) No.4703 of 2011 -------------------------- Dated this the 21st February, 2011 J U D G M E N T Petitioner is stated as aggrieved of Ext.P2, whereby, the property in question was ordered to be surrendered alleging encroachment at the hands of the petitioner. 2. The case of the petitioner is that the property was being enjoyed by the petitioner by virtue of the clear title, possession and ownership for more than 100 years and that the petitioner has to trace out all these records to be produced before the concerned respondent which requires some time. It is also stated that earnest efforts are being pursued in this regard and that a minimum of two weeks' time is necessary. 3. Heard the learned Government Pleader as well. 4. Considering the facts and circumstances, the petitioner is permitted to file an objection in response to Ext.P2 within 'two weeks'; on which event the 3rd respondent shall consider the same and pass appropriate orders thereon, in accordance with law, after giving an opportunity of hearing to the petitioner, as expeditiously as W.P (C) No. 4703 of 2011 2 possible, at any rate, within 'two months' from the date of receipt of the objection as aforesaid. 'Status quo' shall continue till final order is passed by the 3rd respondent on the objection to be filed by the petitioner, as aforesaid. The writ petition is disposed of as above. Sd/- P.R.RAMACHANCDRA MENON, JUDGE ma /True copy/ P.A to Judge W.P (C) No. 4703 of 2011 3