IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WP(C).No. 36856 of 2008(K) OS.587/2007 OF PRINCIPAL MUNSIFF COURT, KOLLAM PETITIONER: --------------- K.BHASI S/O.KUTTAPPAN, KRISHNA MANGALAM,MURUNTHAL CHERRY THRIKKADAVOOR VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, KOLLAM DISTRICT. 2. THE ADDITIONAL TAHASILDAR, TALUK OFFICE, KOLLAM DISTRICT. 3. THE DEPUTY TAHASILDAR (RR) TALUK OFFICE, KOLLAM. 4. THE VILLAGE OFFICER, THRIKKADAVOOR VILLAGE,KOLLAM. 5. SRI.RAJAPPAN, S/O.RAGHAVAN, CHOONDAYIL VEEDU, THEKKUMPURAMCHERRY, PAVITHRESWARAM VILLAGE,KOLLAM. R5 BY ADV. SMT.DELIYA PONSEK R1 TO R4 BY GOVERNMENT PLEADER SMT.LATHA THANKAPPAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE SALE DEED NI.2505/2000 DATED 8.12.2000 OF ANCHALUMMOODU SUB REGISTRY. EXT.P2 TRUE COPY OF THE TAX RECEIPT IN RESPECT OF PROPERTY FOR THE PERIOD 2000-2001 ISSUED BY THE FOURTH RESPONDENT. EXT.P3 TRUE COPY OF THE PLAINT IN O.S.NO.587/2007 OF THE MUNSIFF'S COURT, KOLLAM. EXT.P4 TRUE COPY OF I.A.NO.5365/2007 FILED BY THE PETITIONER FOR A TEMPORARY INJUNCTION. EXT.P5 TRUE COPY OF THE ADVERTISEMENT IN MATHRUBHOOMI DAILY DATED 1.11.2008 ISSUED BY THE THIRD RESPONDENT. EXT.P6 TRUE COPY OF THE APPLICATION I.A.NO.5897/2007 FILED BY THE PETITIONER BEFORE THE MUNSIFF'S COURT, KOLLAM. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 36856 OF 2008 K ------------------------------------------------------ Dated this the 3rd April, 2009 JUDGMENT The petitioner is the plaintiff in O.S.No.587 of 2007, on the file of the Court of the Munsiff of Kollam. The respondents are the defendants. The prayer made in the plaint is for a declaration that the plaintiff has absolute right, title and possession over the plaint schedule property. An injunction is also sought for, restraining the defendants from trespassing upon the plaint schedule property and committing waste and from interfering with the peaceful enjoyment of the plaint schedule property by the plaintiff. Ext.P4 application dated 22.5.2007 (I.A.No.5365 of 2007) was filed for a temporary injunction restraining the defendants from trespassing into the plaint schedule property and committing waste and from interfering with the peaceful possession of the plaintiff. No order was passed by the court below on Ext.P4 application. Later on 1.12.2008, the petitioner/plaintiff filed I.A.No.5897 of 2008 for a temporary injunction restraining the defendants from proceeding with the sale of the plaint schedule property under the provisions of the Revenue Recovery Act. No orders were passed by the court below in that application. 2. The Writ Petition is filed for the following reliefs: W.P.(C) NO.36856 OF 2008 :: 2 :: “(i) To direct the Munsiff Court, Kollam to consider and dispose of Ext.P6 Application in I.A.No.5897/2008 in O.S.No.587/2007 within a stipulated time as directed by this Hon'ble Court and till then Proceedings for sale of the Petitioner's property as per Ext.P5 may be kept in abeyance. (ii) To direct the Munsiff Court, Kollam to issue carbon copy of the Order in I.A.No.5897/2008 in O.S.No.587/2007 of the Munsiff Court, Kollam within a stipulated time as directed by this Hon'ble Court. (iii) This Hon'ble Court may be pleased to grant sufficient time to challenge the Order in I.A.No.5897/2008 in O.S.No.587/2007 of the Munsiff Court, Kollam and till then Proceedings for sale of the Petitioner's property as per Ext.P5 may be kept in abeyance. (iv) Issue such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case.” 3. When the Writ Petition was admitted, a learned single Judge of this Court granted interim stay, which was extended from time to time. 4. The only prayer that can be granted to the petitioner is to issue a direction to the Munsiff's Court, Kollam to dispose of I.A.No.5897 of 2008 expeditiously. Since the courts are closing on 8.4.2009, it would not be possible for the lower court to dispose of the application before that date. There will be a direction to the court below to dispose of I.A.No.5897 of 2008 on or before 30.5.2009. Till then, the proceedings for sale of the property shall be kept in abeyance, in view of the fact that interim order was in force in favour of the Writ Petitioner in this Writ Petition. W.P.(C) NO.36856 OF 2008 :: 3 :: 5. The learned Government Pleader appearing for the State submitted that the petitioner is not entitled to any relief and that the contention of the petitioner is not sustainable in view of the decision of this Court in Hamsa v. Asst. Commissioner (2008 (3) KLT 180). These are all matters to be looked into by the court below while considering the application for temporary injunction. Since the court below has not considered and disposed of the application, it is not proper to express any opinion on the merits of the case. The Writ Petition is allowed in part as indicated above. (K.T.SANKARAN) Judge ahz/