IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 WP(C).No. 11264 of 2006(N) ---------- -------------------------- PETITIONER(S): ----------------------- ABDUL VAHID, S/O. IBRAHIM PILLAI, AGED 43, ROADARIKATHU KADAYIL VEEDU, ANJANKALLU, KUNAMVENGA, PANAVOOR, TRIVANDRUM. BY ADV. SRI.R.S.KALKURA RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP. BY THE SECRETARY, LOCAL ADMINISTRATION, GOVERNMENT OF KERALA, SECRETARIAT, TRIVANDRUM. 2. THE PULLAMPARA GRAMA PANCHAYAT, REP. BY ITS SECRETARY, PULLAMPARA. 3. THE TAHASILDAR, NEDUMANGADU TALUK, NEDUMANGADU. 4. E.DILIP, KALLINGAL KATTAKAL KADAYIL VEEDU, KARIPPURU, NEDUMANGADU TALUK, TRIVANDRUM. 5. OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTION, TRIVANDRUM, REP. BY ITS SECRETARY. R2 BY ADV. SRI.PIRAPPANCODE V.SREEDHARAN NAIR SRI.PIRAPPANCODE V.S.SUDHIR R1, R3 & R5 BY GOVERNMENT PLEADER SRI. NOBLE MATHEW. R4 BY SRI.V.G.ARUN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: STU WP(C).No. 11264 of 2006(N) APPENDIX PETITIONER'S EXHIBITS: P1 : COPY OF THE PLAINT IN OS 405 OF 2005 BEFORE THE MUNSIFF'S COURT, NEDUMANGADU. P2 : COPY OF THE COMMISSION REPORT IN OS 405 OF 2005. P3 : COPY OF THE ORDER IN I.A NO. 2553/2005 IN OS NO. 405/2005 DTD 27/07/2005. P4 : COPY OF THE RELEVANT PAGES OF THE RATION CARD STANDING IN THE NAME OF THE PETITIONER. P5 : COPY OF THE RELEVANT PAGES OF THE RATION CARD STANDING IN THE NAME OF THE PETITIONER. P6 : COPY OF THE ELECTORAL CARD IN THE NAME OF THE PETITIONER. P7 : COPY OF THE VOTERS LIST FOR THE BUILDING SHOWING THE NAME OF THE PETITIONER 7/434 A & B, 7/435. P8 : COPY OF THE ELECTRIC CONNECTION TO THE SAID BUILDING 7/434A STANDING IN THE NAME OF THE PETITIONER. P9 : COPY OF THE LETTER DTD 30/12/1999 FOR TELEPHONE CONNECTION ISSUED BY THE DEPARTMENT OF TELECOMMUNICATION AND THE RECEIPTS FOR PAYMENT OF CHARGES. P10 : COPY OF THE TELEPHONE BILL OF THE PETITIONER IN THE BUILDING BEARING NO.7/435. P11 : COPY OF THE CORRESPONDENCE ISSUED BY RUBBER BOARD DTD 10/11/1997. P12 : COPY OF THE CORRESPONDENCE ISSUED BY THE RUBBER BOARD DTD 27/04/1998. P13 : COPY OF THE BUILDING TAX PAID BY THE PETITIONER. P14 : COPY OF THE RECEIPTS ISSUED BY THE PULLAMPARA PANCHAYAT. P15 : COPY OF THE RECEIPTS ISSUED BY THE PULLAMPARA PANCHAYAT. P16 : COPY OF THE ORDER DTD 31/03/2004 IN I.A 89/2004. P17 : COPY OF THE DEMAND NOTICE FOR 2003/04 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. P18 : COPY OF THE ORDER DTD 11/07/2005 ISSUED BY THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTION. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.A TO JUDGE. STU S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.11264 of 2006 ---------------------------------------------- Dated this the 8th day of November, 2011 JUDGMENT According to the petitioner, the petitioner and his predecessors-in-interest are in absolute possession and enjoyment of 30 cents of property comprised in Survey Nos.170/7, 170/8. The 4th respondent attempted to trespass into the property. The petitioner filed O.S.No.405/05 in the Munsiff’s Court, Nedumangad in which there was an original order of status quo. While that suit was pending, the petitioner came to understand that the 2nd respondent Panchayat is attempting to change the name of the owner of the buildings bearing Registration Nos.434 A & B, 435 (new numbers 445 and 446) standing in the property. The petitioner came to understand that the 4th respondent had instituted O.P.No.267/2005 before the Ombudsman, Local Self Government Institution, in which the Ombudsman has passed Ext.P18 order, wherein, a submission of the Junior Superintendent of the 2nd respondent Panchayt that the Panchayat has cancelled the number, which was wrongly W.P.(C)No.11264/06 2 given and the 4th respondent’s name will be entered as and when he produces documents, has been recorded and the proceedings were closed. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “i) issue a writ of certiorari or any other appropriate writ order or direction in the nature of certiorari quashing Ext.P19. ii) issue a writ of mandamus or any other appropriate writ order or direction of the nature of mandamus directing the 2nd respondent not to make any change in the ownership register maintained in respect of the building bearing No.434 A & B, 435 (new No.445 and 446 of Pullampara Village till the final disposal of OS No. 405/2005 pending before the Munsiff's Court, Nedumangad and comply with the direction passed in IA No. 2553/05 in OS No. 405/2005 on the file of the Munsiff's court Nedumangad in Ext.P3.” 2. Nobody has filed any counter affidavit in this writ petition. The 2nd respondent Panchayat appears through counsel and submits that they are prepared to abide by the orders of this Court in the matter. Although there is appearance on behalf of the 4th respondent, none appears today. 3. The learned counsel for the petitioner submits that subsequent to the filing of the writ petition, the Civil Court had W.P.(C)No.11264/06 3 decreed O.S.No.405/05 in favour of the petitioner. In the above circumstances, this writ petition is disposed of as follows: The petitioner shall produce a copy of the decree in O.S.No.405/05, unless the same has been set aside in appeal, before the 2nd respondent Panchayat, who shall correct the records of the Panchayat in accordance with the said decree. This shall be done by the 2nd respondent within one month from the date when the petitioner produces copy of the decree before the 2nd respondent. S. SIRI JAGAN, JUDGE acd W.P.(C)No.11264/06 4 W.P.(C)No.11264/06 5