IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933 WP(C).No. 15760 of 2011(T) -------------------------------------- PETITIONER(S): ---------------------- KOTTAYI AJITHA, W/O.ASHOKAN, AGED 31 YEARS, EDATHUMOTHAL VEEDU, PUTHEER AMSOM, CHENDAYAD DESOM, CHENDAYAD P.O., THALASSERY TALUK, KANNUR DISTRICT. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): ------------------------- 1. THE TAHSILDAR, MANANTHAVADY TALUK, MANANTHAVADY, WAYANAD DISTRICT, PIN-670 645. 2. THE VILLAGE OFFICER, PERIYA VILLAGE, PERIYA P.O., MANANTHAVADY, WAYANAD DISTRICT, PIN-670 644. 3. THE SUB INSPECTOR OF POLICE, THALAPPUZHA POLICE STATION, THALAPPUZHA, WAYANAD DISTRICT, PIN-670 644. 4. K.C. KHALID, S/O.PAREETH, AGED 52 YEARS, MEETHAL HOUSE, KADIRUR AMSOM, DESOM, P.O.KADIRUR, THALASSERY TALUK, KANNUR DISTRICT, PIN-670 642. 5. SHAJIL THUNDIKANDY, S/O.RAGHAVAN, AGED 48 YEARS, PUTHIYAPURAYIL VEEDU, KADIRUR AMSOM, PUZHIYODU DESOM, THALASSERY TALUK, KANNUR DISTRICT, PIN-670 642. 6. SOYANTAVIDA NAYEEM, S/O.SAIDU, AGED 43 YEARS, JOONATHA VEEDU, KANNUR AMSOM, DESOM, KANNUR DISTRICT, PIN-670 001. R1 TO R3 BY GOVT. PLEADER MR.P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 15760 of 2011(T) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PLAINT IN O.S. NO.216/2010 ON THE FILE OF SUB COURT, SULTHANBATHERI. EXT.P2: COPY OF THE RECEIPT DATED 07/06/2011 ISSUED BY THE 3RD RESPONDENT. EXT.P3: COPY OF THE COMPLAINT SUBMITTED TO THE 1ST RESPONDENT DATED 07/06/2011. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs P.R.RAMACHANDRA MENON, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P(C) No.15760 of 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated the 15th day of June, 2011 JUDGMENT The petitioner has approached this Court with the following prayers:- (i). issue a Writ of Mandamus or any other order or direction, directing the 3rd respondent to take appropriate action in the Complaint referred in Exhibit P-2 as per law and also direct the 3rd respondent not to assist the party respondents for the illegal felling of Tress standing in the property referred in Ext.P-1 Suit; (ii). issue a Writ of Mandamus or any other order or direction, directing the 1st and 2nd respondents not to effect the mutation of the property referred in Exhibit P-I in favour of respondents 5 and 6 or any other third parties as pointed out in Ext.P-3. 2. Going by the materials on record, it is quite evident that the matter is pending consideration before the Sub Court, Sulthanbatheri in O.S No.216 of 2010. The grievance of the petitioner is that, during the pendency of the Civil Suit, the respondents 1 and 2 are indirectly trying to extend favours to the second respondent, which made the petitioner to approach this Court by filing the present writ petition. 3. Heard the learned Government Pleader as well. In view of the admitted fact that the matter is pending before the competent Civil Court, this Court does not find fit or proper to interfere with, W.P(C) No.15760 of 2011(T) -:2:- exercising a disciplinary jurisdiction of this Court under Article 226. The petitioner is free to approach the Civil Court and seek for appropriate reliefs in accordance with law. Interference is declined and the writ petition is dismissed. Sd/- P.R.RAMACHANDRA MENON JUDGE //TRUE COPY// P.A. TO JUDGE krj