IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 WP(C).No. 29436 of 2008(D) -------------------------- AGAINST THE ORDER IN IA 229/08 IN OS.51/2007 of SUB COURT,THODUPUZHA .................... PETITIONER(S): --------------- M/S.B-SIX HOLIDAY RESORTS PVT. LTD., HAVING ITS REGISTERED OFFICE AT T.C.15/586, M.P.APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM REPRESENTED BY ITS MANAGING DIRECTOR MR.SUDHEER KUMAR. BY ADV. SRI.M.R.ANANDAKUTTAN SMT.M.HEMALATHA SRI.R.S.MADHU SRI.MAHESH ANANDAKUTTAN RESPONDENT(S): --------------- 1. THE GOVT. OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF LAND REVENUE, OFFICE OF THE COMMISSIONER OF LAND REVENUE, PUBLIC BUILDINGS, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, COLLECTORATE, IDUKKI DISTRICT, KERALA STATE. 4. THE SUB COLLECTOR, OFFICE OF THE SUB COLLECTOR, DEVIKULAM, IDUKKI DISTRICT. 5. THE TAHSILDAR, TALUK OFFICE, DEVIKULAM, IDUKKI DISTRICT. 6. K.SURESH KUMAR, I.A.S, THE SPECIAL OFFICER, THE TASK FORCE OF GRAB, GOVT. LAND UNDER TRESPASS, OFFICE OF THE TASK FORCE AT GUEST HOUSE MUNNAR. 7. RISHIRAJ SINGH, I.P.S, I.G.OF POLICE, MEMBER OF THE TASK FORCE, -DO-, -DO-. 8. KERALA FINANCIAL CORPORATION, OFFICE OF THE K.F.C. THODUPUZHA, REPRESENTED BY ITS MANAGER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * W.P. (C ) NO. 29436 of 2008 * * * * * * * * * * * * * * * * * * Dated: 16-10-2008 JUDGMENT Petitioner who is the plaintiff in O.S. 51 of 2007 on the file of the Sub Court, Thodupuzha challenges Ext.P8 order dated 21-8-2008 passed by the trial court dismissing I.A. 299 of 2008 filed by the petitioner under Sec. 151 of C.P.C. seeking permission to carry out repairs and maintenance to the existing improvements in the plaint schedule property without any right to claim further compensation. 2. The said suit filed by the petitioner is one for declaration of title of the petitioner Company over the plaint schedule property and for recovery of the plaint schedule property from the Government of Kerala and for consequential injunction. The property is situated in Anavaratty Village of Devikulam Taluk. The building and other improvements in the plaint schedule property were demolished as part of the Munnar Eviction Drive. The petitioner claims title on the strength of A3 and A4 sale deeds which are founded on A1 and A2 patta which have been cancelled by the Government. Merely because the matter of cancellation of the patta is pending in appeal before the District collector, the petitioner cannot claim any subsisting right over the property in question so as to justify the application to effect W.P.(C) 29436 of 2008 -:2:- repairs and maintenance to the existing improvements in the plaint schedule property . The petition was rightly dismissed by the trial court as per Ext.P8 order. I see no reason to interfere with the said order passed by the learned Sub Judge. This Writ Petition is accordingly dismissed. In case, the suit is ripe for trial, the learned Sub Judge shall make every endeavour to dispose of the suit expeditiously having regard to the workload of that Court. Dated this the 16th day of October 2008. V. RAMKUMAR, (JUDGE) ani.