IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 WP(C).No. 36249 of 2008(M) -------------------------------------- PETITIONER(S): -------------------- 1. P.K. SARASU, W/O. LATE PICHAPPAN, ANJUTHAIKKAL HOUSE, X/434, ANIYAL BEECH, EDAVANAKKAD GRAMA PANCHAYATH, EDAVANAKKAD.P.O. 2. A.P. SURESH KUMAR, AGED 39, S/O. PICHAPPAN, -DO- BY ADV. SRI.DINESH R.SHENOY RESPONDENT(S): ----------------------- 1. THE REVENUE DIVISIONAL OFFICER, O/O R.D.O, FORTKOCHI. 2. THE TAHSILDAR, KOCHI TALUK, TALUK OFFICE, FORTKOCHI. 3. THE VILLAGE OFFICER, EDAVANAKKAD VILLAGE, EDAVANAKKAD.P.O. 4. THE EDVANAKKAD GRAMA PANCHAYATH, REP. BY THE SECRETARY, EDAVANAKKAD GRAMA PANCHAYATH, EDAVANAKKAD.P.O. ADDL.R5. SRI.RAVEENDRAN, S/O.GOPALAN AGED 57 YEARS, ANJALASSERY HOUSE, ELAMKUNNAPUZHA VILLAGE (ADDL.R5 IS IMPLEADED AS PER ORDER IN IA NO.1124/09 DT 2/2/2009) ADV. SRI.K.I.ABDUL RASHEED FOR R4 GOVT.PLEADER SRI.M.A.ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.36249/08 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE PHOTOCOPY OF PARTITION DEED NO.1831/1998, KUZHUPPILLY S.R.O. EXT.P2: TRUE PHOTOCOPY OF RELEASE DEED NO.2639/1998, KUZHUPPILLY S.R.O. EXT.P3: TRUE PHOTOCOPY OF SETTLEMENT DEED NO.701/1979, KUZHUPPILLY S.R.O. EXT.P4: TRUE PHOTOCOPIES OF THE RECEIPTS ISSUED TO THE PETITIONERS IN RESPECT OF THEIR APPLICATIONS NOS.227 AND 496 FOR FINANCIAL ASSISTANCE UNDER THE TSUNAMI REHABILITATION PROGRAMME. EXT.P5: TRUE PHOTOCOPY OF THE LIST PUBLISHED BY THE 4TH RESPONDENT IN CONNECTION WITH TSUNAMI REHABILITATION PROGRAMME. EXT.P6: TRUE PHOTOCOPY OF THE PLAINT IN OS NO.182/2007, SUB COURT, KOCHI. EXT.P7: TRUE PHOTOCOPY OF IA NO.1378/2007 IN OS NO.182/2007, SUBCOURT, KOCHI. EXT.P8: TRUE PHOTOCOPY OF THE ORDER DT 12.11.2008 PASSED BY THE SUB COURT, KOCHI IN IA NO.1378/2007 IN OS NO.182/2007 TOGETHR WITH ATTACHMENT SCHEDULE. EXT.P9: TRUE PHOTOCOPY OF REPRESENTATION DT 4.6.2008 SUBMTTED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT TOGETHER WITH POSTAL RECEIPT. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. ============== W.P.(C) NO. 36249 OF 2008 (M) ==================== Dated this the 2nd day of February, 2009 J U D G M E N T The prayer in this writ petition is to direct the 3rd respondent to receive land tax and issue possession certificate to the petitioners in respect of their properties covered by Exts. P1 to P3. 2. It would appear that the only objection was that by Ext.P8, the attachment has been ordered by the Sub Court, Kochi in IA 1378/07 in OS No.182/07. But it is pointed out that the attachment is only in respect of the share of one among the six co-sharers and therefore, the attachment should not stand in the way of considering the application for issuance of the possession certificate. 3. Counsel appearing for the additional respondent-the plaintiff in the suit mentioned above also was heard and his only anxiety is that even if the possession certificate is issued, it should not affect the attachment ordered by the Civil Court. 4. Taking into account the submissions made by both sides, it is directed that the 3rd respondent shall consider Ext.P9 application made by the 1st petitioner for acceptance of tax and issuance of possession certificate and pass orders thereon without any further delay. It is made WPC 36249/08 :2 : clear that if possession certificate is decided to be issued, the 3rd respondent shall be free to mention about Ext.P8 order of attachment passed by the Civil Court, in the certificate itself. 5. Petitioner may produce a copy of this judgment along with a copy of this writ petition before the 3rd respondent, who shall pass appropriate orders as directed within 4 weeks thereafter. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp