IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 OP.No. 10991 of 2003(H) ----------------------- PETITIONER(S): --------------- E.V.VIJAYAN S/O. LATE KRISHNAN NAIR, NOW RESIDING AT 'SRIPADAM', J.N.ROAD, PERINTHALMANNA - 679 322, MALAPPURAM DISTRICT. BY ADV. SRI.N.SUBRAMANIAM RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY, HOME DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE TALUK SURVEYOR, TALUK OFFICE, P.O.PERINTHALMANNA 679 322. 3. THE VILLAGE OFFICER, VILLAGE OFFICE, PATTAMBI ROAD, P.O.PERINTHALMANNA 679 322, MALAPPURAM DISTRICT. GOVERNMENT PLEADER SHRI.K.RAMESH THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 25/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== O.P.No. 10991 of 2003 ================== Dated this the 25th day of May, 2010 J U D G M E N T It is admitted by the learned counsel for the petitioner that subsequent to the filing of this original petition, for the same relief prayed for in this original petition, against the same respondents, the petitioner had filed O.S.No.79/2003 before the Munsiff's Court, Perinthalmanna, which has been decreed on 20.12.2008. It is also submitted that an appeal has been filed against the same, which is yet to be admitted. In the above circumstances, without prejudice to the right of the petitioner to seek his remedies in accordance with the decree obtained by him in O.S.No.79/2003, subject to the result of the appeal, this original petition is closed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== O.P.No. 10991 of 2003-H ================== J U D G M E N T 25th May, 2010