IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 WP(C).No. 28538 of 2008(V) --------------------------------------- AGAINST THE ORDER IN EP 40/2005 IN LAR.261/2000 OF PRL.SUB COURT, KOZHIKODE. .................... PETITIONERS: -------------------- 1. PILASSERY BABU, S/O.SUBRAMANIAN, PILLASSERY HOUSE, P.O.KUTHIRAVATTOM, KOZHIKODE. 2. SHYAMALA, S/O.SUBRAMANIAN, PILLASSERY HOUSE, P.O.KUTHIRAVATTOM, KOZHIKODE. 3. SASIDHARAN, S/O.SUBRAMANIAN, PILLASSERY HOUSE, P.O.KUTHIRAVATTOM, KOZHIKODE. BY ADV. SMT.T.RESMI DAMODARAN. RESPONDENTS: ------------------------ 1. SPL.TAHASILDAR (LA) N.H.NO.1, CIVIL STATION, KOZHIKODE. 2. EXECUTIVE ENGINEER, N.H.DIVISION, KOZHIKODE. BY GOVT. PLEADER SRI. V.T.K. MOHANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N.KRISHNAN, J ===================== W.P.(C) No.28538 OF 2008 ===================== Dated this the 14th day of October 2008 JUDGMENT This writ petition is filed to direct the Sub Court-I, Kozhikode to pass appropriate orders in E.P.No.40 of 2005 in LAR No.261 of 2000. The learned Government Pleader would submit that there is a review petition in a connected matter and the Government is contemplating to file a review petition in this case also and therefore such a direction shall not be given. If the Government wants to pursue its remedies, it can pursue and if it obtains a stay, it can produce before the court so that the said court will not proceed with. The mere contemplation to file a review or pendency of an application in another case shall not be a ground to unnecessarily protract the matter. Therefore I direct the Sub Court-I, Kozhikode to pass appropriate orders in E.P.No.40 of 2005 in LAR No.261 of 2000 provided there is no stay passed by this Court and further to enable the Government to move for any relief. I direct the learned Sub Judge to take up the matter WP(C)No.28538/2008 -:2:- only on the first week of November, 2008. Writ petition is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-