IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 16TH JUNE 2010 / 26TH JYAISTHA 1932 WP(C).No. 4336 of 2010(N) ------------------------- PETITIONER(S): --------------- PAULY, W/O.LATE GEORGE, AGED 56, PARAKKA HOUSE, EZHATTUMUGHAM, DESOM, KARUKUTTY VILLAGE,ALUVA TALUK. BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM RESPONDENT(S): --------------- 1. STATE OF KERALA REP. BY DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION, KAKKANAD. 2. DISTRICT SUPERINTENDENT OF SURVEY, ERNAKULAM CIVIL STATION, KAKKANAD. 3. KARUKUTTY GRAMA PANCHAYAT, REP. BY ITS SECRETARY, KARUKUTTY.P.O 4. THE TAHSILDAR, TALUK OFFICE, ALUVA. ADDL. R5 IMPLEADED. 5. THE EXECUTIVE ENGINEER, PROJECT DIVISION, KERALA WATER AUTHORITY, PERUMBAVOOR. ADDITIONAL R5 IMPLEADED AS PER ORDER DATED 8.6.2010 IN I.A.5348/10. GOVERNMENT PLEADER MR. P. NARAYANAN ADV. SRI.G.SANTHOSH KUMAR (P). FOR R3 SRI.M.DINESH FOR ADDL.RES. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sou. S. SIRI JAGAN, J -------------------- W.P.(c).No.4336 of 2010 ---------------------------------------- Dated this the 16th day of June, 2010 J U D G M E N T Petitioner along with her husband purchased an extent of 7 acres and 25 cents in Survey No.649/1/30/2A/1 of Karukutty Village. Out of the same, petitioner sold 62.021 cents to the 3rd respondent, Panchayat for the purpose of construction of a water tank by the Kerala Water Authority. While so, after resurvey, properties described in Ext.P1, was registered in the name of petitioner and her husband. But later on the survey authorities made unilateral changes in the resurvey records and thereby part of the property has been registered as a Puramboke. Despite filing a complaint and an appeal the petitioner's claim was rejected. Thereafter, petitioner decided to file a civil suit and Ext.P13 statutory notice was issued to the respondent. Petitioner filed a writ petition at a time when she apprehended dispossession before the petitioner could file a suit and get interim orders. 2. Today, counsel for petitioner submits that a suit has been filed as O.S.181/10 before Munsiff's Court, Aluva. Therefore, petitioner seeks permission to withdraw this writ W.P.(c).No.4336/10 2 petition without prejudice to the right of the petitioner to pursue that suit. The counsel also submits that the interim application is posted for counter and hearing on 5.7.2010. He seeks continuation of the stay order passed by this court till the interim application is disposed of by the Civil Court. 3. The learned Government Pleader submits that since the petitioner can move the Civil Court for interim orders it is not necessary to extend the stay . 4. Having heard both sides, I dispose of this writ petition without prejudice to the right of the petitioner to prosecute the said suit now stated to have been filed. However, in order to safeguard the interest of the petitioner, I direct that the stay granted by this court shall continue to be in force till orders are passed in the interim application filed by the petitioner in the suit. Civil court shall pass orders in the interim application within one month. This petition is disposed of accordingly. S. SIRI JAGAN, JUDGE. sou.