IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 W.P(C).No. 26719 of 2008(E) -------------------------- AGAINST THE ORDER IN IA 328 & 329 OF 2008 IN O.S.62/2004 OF SUB COURT, MANJERI .................... PETITIONER: ------------ P.SHAMSEER, S/O.PEDAVANNA MOHAMMED, KOVILAKOMKUNDU, MAJERI AMSOM DESOM, MALAPPURAM DT. BY ADV. SRI.T.K.AJITH KUMAR RESPONDENTS: ------------ 1. POOKKODAN NOUSHAD, S/O.SUBAIR MANIMOOLI, VAZHIKKADAVU AMSOM, MALAPPURAM DIST. 2. POOKKODAN MOIDEEN, S/O.UNNIMAMMAD, GUDALLOOR AMSOM DESOM, CHEMBALA, TAMIL NADU STATE. 3. K.THANKAPPAN, S/O.KUNJU KUNJU, CHANGUVETTY, EDAPPAL, CHANGARAMKULAM P.O. MALAPPURAM DISTRICT. 4. KRISHNADAS K.T., S/O.V.K.RAGHAVAN NAIR, KEDARAM, NEAR DIST: HOSPITAL NEW BUILDING, CHERAKKARA, MANJERI P.O., PIN 676121,MALAPPURAM. 5. K.K.SETHUMADHAVAN, JUNIOR SUPERINTENDENT CHUNGATHARA GRAMA PANCHAYAT, MALAPPURAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ........................................... WP(C).No. 26719 OF 2008 ............................................ DATED THIS THE 3rd DAY OF SEPTEMBER, 2008 JUDGMENT This petition is filed under Article 227 of Constitution of India for a direction to Sub Court, Manjeri to consider and pass orders in I.A.328 of 2006 and I.A.329 of 2006 in O.S.62 of 2004 forthwith contending that as per the judgment in O.S.62 of 2004, Sub Judge has found that Ext.A16 Birth Certificate was obtained after manipulating Ext.X8(a) entry in the birth register maintained by the panchayat. 2. Learned counsel appearing for petitioner was heard. The argument of learned counsel is that as the petitions for taking action under Section 340 of Code of Civil Procedure are pending from 2006, learned Sub Judge is to be directed to dispose the same immediately. A petition under Section 340 of Code of Civil Procedure will lie only if the forgery or manipulation is committed when the document is in the custody of the court. If the case is that record in the custody of the panchayat was manipulated and a certified copy of the manipulated record was procured and produced before court, Section 340 has no application. In such circumstances, learned Sub Judge, Manjeri is directed to pass appropriate order in accordance with law in I.A.328 of 2006 and I.A.329 of 2006, as expeditiously as possible. M.SASIDHARAN NAMBIAR, JUDGE lgk/-