IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 7TH JULY 2010 / 16TH ASHADHA 1932 WP(C).No. 20818 of 2010(O) -------------------------- OS.333/2010 of MUNSIFF COURT, CHITTUR .................... PETITIONER: --------------- SRI.GOPALA SWAMY GOUNDER S/O.KUMARA SWAMY GOUNDER MOONGAILAMDA, VANNAMADA P.O. CHITTUR TALUK,PALAKKAD DISTRICT. 678 557 BY ADV. SRI.O.D.SIVADAS RESPONDENT: --------------- 1. THE DISTRICT COLLECTOR PALAKKAD PIN 678 001 2. THE ASSISTANT EXECUTIVE ENGINEER IRRIGATION SUB DIVISION NO.2 CHITTUR COLLEGE PO 678 104. 3. THE TAHSILDAR CHITTUR 678 101, PALAKKAD DISTRICT 4. SACHIDHANANDA GOPALAKRISHNAN S/O.EASWARAMOORTHY GOUNDER, MEENAKSHIPURAM MOOLATHARA VILLAGE, CHITTUR TALUK PIN 678 533. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- W.P.C.No. 20818 of 2010 --------------------------------------- Dated this 07th day of July, 2010 JUDGMENT Petitioner before me is the plaintiff in O.S.No.333 of 2010 pending in the court of learned Munsiff, Chittur. His case is that he got title and possession of 13.34 acres as per Ext.P1, document No.458 of 1961 executed by his mother. He sold a portion of the property to Venkataraman and Revathi who in turn assigned that portion to the father of respondent No.4 and others as per Ext.P2. 97 and ¾th cents was acquired by the Government in connection with the Chittur river project. The property now belonging to and in the possession of petitioner is 1.46¾ acres in survey 593/3 (RS No.271). After father of respondent No.4 and others purchased property as per Ext.P2, father of respondent No.4 died in June, 2010 and property covered by Ext.P2 is in the possession of respondent No.4. There is a well in the property of petitioner over which respondent No.4 made a claim. He has colluded with respondent No.2 to create proceedings for assignment of land under the Kerala Land Assignment Act. In the circumstances petitioner filed O.S.No.333 of 2010 for fixation of boundary of the property belonging to him and for injunction against respondent W.P.C.No.20818 of 2010 : 2 : No.4 and others. Grievance of petitioner is that respondent No.2 has issued notice to respondent No.4 directing respondent No.4 to produce documents to prove his claim over the property. Learned counsel says that even during pendancy of the suit, respondent No.2 is proceeding to adjudicate upon the dispute. Petitioner has filed I.A.No.1359 of 2010 to restrain respondent No.2 from taking any decision pursuant to Ext.P6, notice issued to respondent No.4 until the application for injunction are disposed of. Learned counsel states that proceedings before respondent No.2 is posted on 19-07-2010 and unless respondent No.2 is prevented from proceeding with that proceeding, he is likely to pass order in favour of respondent No.4 in respect of the subject matter of suit. Respondent No.2 who is allegedly proceeding to pass order is also a party to the suit. Decision of the civil court on title has to prevail. Moreover, it is open to the petitioner to seek appropriate relief from learned Munsiff who is considering the suit. There is no reason for this court to interfere in the matter at this stage. Hence without prejudice to the right of petitioner to seek appropriate relief as prayed for in I.A.No.1359 of 2010 from the court below and if at all any such order has been passed by respondent No.2, to challenge the same in the pending suit, the writ petition is closed. (THOMAS P JOSEPH, JUDGE) Sbna/-