IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 WP(C).No. 35395 of 2007(L) -------------------------- PETITIONERS: ---------------- 1. SREENIVASAN, THEKKECHEKKATTU HOUSE, PADINJAREKKARA MURI, NEDUMPURAM VILLAGE, THIRUVALLA TALUK. 2. REMANI, THEKKECHEKKATTU HOUSE, PADINJAREKKARA MURI, NEDUMPURAM VILLAGE, THIRUVALLA TALUK. BY ADV. SRI.P.HARIDAS RESPONDENTS: ------------------ 1. THE DISTRICT COLLECTOR, PATHANAMTHITTA. 2. DIRECTOR OF SURVEY AND LAND RECORDS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF SURVEY, PATHANAMTHITTA. 4. THE ASST.DIRECTOR OF SURVEY, PATHANAMTHITTA. 5. THE SUPERINTENDENT OF SURVEY, PATHANAMTHITTA. 6. TALUK SURVEYOR, THIRUVALLA. 7. CHANDRASEKHARAN K.K., KANIPARAMBIL, NEDUMPURAM P.O. BY ADV. GOVT.PLEADER SRI.M.R.SABU SRI.G.UNNIKRISHNAN FOR R7 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.35395/07 APPENDIX PETITIONERS EXHIBITS EXT.P1: TRUE COPY OF THE SURVEY PLAN. EXT.P2: TRUE COPY OF THE JUDGMENT DATED 12.11.2001 IN OS NO.833 OF 1996 OF THE MUNSIFF'S COURT, THIRUVALLA. EXT.P3: TRUE COPY OF THE JUDGMENT DATED 16TH MAY 2005 IN WP (C) NO.9949 OF 2005 ON THE FILES OFTHIS HON'BLE COURT. EXT.P4: TRUE COPY OF THE JUDGMENT DATED 16TH MARCH, 2006 IN WP(C) NO.2424/06 OF THIS HON'BLE COURT. EXT.P5: TRUE COPY OF THE APPEAL DATED 18TH MARCH 2006 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P6: TRUE COPY OF THE LETTER NO.H2-1395/06 DT.10.5.06 OF THE 2ND RESPONDENT. EXT.P7: TRUE COPY OF THE LETTER NO.C3 10792/0F DATED 22.11.2007 OF THE 6TH RESPONDENT. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. =================== W.P.(C) NO. 35395 OF 2007 L =========================== Dated this the 4 th day of February, 2008 J U D G M E N T By Ext.P4 judgment in WP(C) No.2424/06, petitioner was permitted to file an appeal before the additional 6 th respondent therein. It was directed that if such an appeal is filed, that will be disposed of on merits with opportunity of hearing to the petitioner as well as the 5 th respondent. It is stated that pursuant to the aforesaid judgment, Ext.P5 appeal was filed and that appeal is pending consideration before the 2 nd respondent. It is stated that after the appeal was filed, they have received Ext.P6 reply followed by Ext.P7 issued by the 6 th respondent proposing to refix the boundaries of the property mentioned therein. It is in this circumstance, this writ petition has been filed praying for a direction to the 2 nd respondent to consider and pass orders on Ext.P5 appeal. WPC 35395/07 :2 : 2. Having regard to the fact that the dispute in question is pending in appeal before the 2nd respondent in Ext.P5 appeal, before the appellate authority disposes of the appeal, it will be premature to carry out the proposal in Ext.P7. Therefore, I dispose of this writ petition directing that the 2nd respondent shall take up Ext.P5 and consider the same and pass appropriate orders thereon. Before final orders are passed on Ext.P5, the petitioners as also the 7th respondent, who is the respondent in Ext.P5 appeal shall be put on notice and shall be heard. This process shall be completed by the 2nd respondent within six weeks of production of a copy of this judgment. In the meanwhile, all further proceedings pursuant to Ext.P7 issued by the 6th respondent shall stand deferred pending orders on Ext.P5. ANTONY DOMINIC,JUDGE. Rp