IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 WP(C).No. 36111 of 2009(O) -------------------------- AGAINST THE ORDER IN IA 4036 /2008 IN OS.85/1971 of PRL.SUB COURT,TRIVANDRUM .................... PETITIONER(S): --------------- MUHAMMED FATHIMA, AGED 86 YEARS, D/O. ABDUL RAHMAN KUNHU, THEKKEVILA VEEDU, EDAVA, THIRUVANANTHAPURAM. BY ADV. SRI.C.KHALID SRI.N.GOPINATHA PANICKER RESPONDENT(S): --------------- C.SURESH BABU, AGED 57 YEARS, FATHER'S NAME NOT KNOWN, THE MANAGING DIRECTOR OF KERALA WATER AUTHORITY, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ---------------------------------------- W.P.(C).No.36111 OF 2009 -------------------------------- Dated this the 15th day of December 2009 ---------------------------------------------------------- JUDGMENT The writ petition is filed seeking the following reliefs. i) Call for the records relating I.A No.437/2009 in O.S No.85/1971 from the Principal Sub Court, Thiruvananthapuram and quash Ext.P6 order of dismissal dated 5/11/2009 that the I.A No. 4034/2008 filed by the respondent is legal and sustainable. ii) Issue a writ of mandamus or other appropriate writ or direction that I.A No.4034/2009 filed by respondent should dismissed with cost. Iii) To pass an interim stay of the further proceedings in the above matter. iv) To grant such other reliefs as may be deemed just and proper. 2. Petitioner, claiming to be the owner of 34 cents of land in Survey No. 2411 of Vanchiyoor village, Thiruvananthapuram moved an application for release of W.P.(C).No.36111 OF 2009 Page numbers that property which was stated to be under 'custodia legis' in O.S No. 85 of 1971 on the file of Principal Sub Court, Thiruvananthapuram. The above suit was one for partition in which the above said item of property was included as item No. 502. That suit was settled by the parties and ultimately a compromise decree was passed in which the above item was excluded from the division effected. After disposal of the suit as above, the petitioner applied for delivering the property from the receiver who had taken over its possession during the pendency of the suit claiming that it formed part of the self occurred property of her father and she is entitled to be put in possession of that property. Since there was delay in disposal of the petition for delivery, a writ petition was filed before this court as W.P(C) No. 18244 of 2008 and pursuant to directions issued by this court for a speedy disposal, the application for delivery was considered and disposed of by the court allowing delivery of the property to the petitioner. At that stage, a statutory authority, namely, Kerala Water Authority, filed a petition claiming absolute possession and right over that property W.P.(C).No.36111 OF 2009 Page numbers contending that the property was never under the possession of the receiver appointed by the court. That claim petition is now pending consideration before the Sub Court. The present writ petition has been filed by the petitioner advancing a case that the respondent, a former managing director was instrumental in filing such a petition. This court in exercise of its visitorial jurisdiction cannot be called upon to adjudicate disputed facts of title and possession, and the challenges canvassed by the petitioner with respect to that claim petition is not entertainable. That is a matter which has to be advanced before the court in which that petition is pending and not before this court. I do not find any merit in the writ petition, and it is dismissed. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv