IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 7TH FEBRUARY 2011 / 18TH MAGHA 1932 WP(C).No. 24081 of 2004(P) --------------------------------------- PETITIONER(S): ------------------------ ALBUTHASWAMI, ANAYAPPAN CHALLAN, P.O. PAMPAM PALLAM, PUDUSSERY EAST VILLAGE, PALAKKAD. BY ADV. SRI.S.R.AJITH RESPONDENT(S): --------------------------- 1. THE VILLAGE OFFICER, PUDUSSERY EAST, PALAKKAD. 2. REVENUE DIVISIONAL OFFICER, PALAKKAD. 3. TAHSILDAR, PUDUSSERY EAST, PALAKKAD. 4. * S.K. KUMAR, 10/321, ANIYAPPAN CHELLA, PAMPAMPALLAM, KANJIKODE.(DELEATED) * R4 IS DELEATED AS PER ORDER IN I.A.NO.209/05 DATED, 9/6/05. R1 TO R3 BY GOVERNMENT PLEADER SRI.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.24081/2004 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE JUDGMENT DATED 5/6/2003 IN A.S.NOS.46/1998 & 49/1998 OF THE COURT OF THE DISTRICT JUDGE OF PALAKKAD. P2 COPY OF THE TAX RECEIPTS. P3 COPY OF THE POSSESSION CERTIFICATE ISSUED BY 1ST RESPONDENT IN 1993 TO THE PETITIONER. P4 COPY OF THE COMPLAINT DATED 20/8/2003 SUBMITTED BY PETITIONER BEFORE THE 2ND RESPONDENT. P5 COPY OF THE LETTER DATED 31/1/2004 ISSUED BY 2ND RESPONDENT TO THE 1ST RESPONDENT. P6 COPY OF THE REPRESENTATION DATED 24/3/2004 SUBMITTED BY PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts T.R.RAMACHANDRAN NAIR, J ----------------------------------------------- W.P.(C).NO.24081 OF 2004 -------------------------------------------- Dated this the 7th day of February, 2011. JUDGMENT The petitioner sought for issuance of Possession Certificate in respect of properties bearing Survey Nos.1298-1A and 1298-2A. It is claimed in the writ petition he is in possession of property to the extent of 6.29 acres of land included in the above survey numbers in Pudussery Village of Palakkad District. It appears that the dispute between the petitioner and the 4th respondent was the subject matter of O.S.87/94 filed by the petitioner and OS No.458/93 filed by the 4th respondent which has already been disposed of and finally the matter reached the appellate court as evidenced from Ext.P1 judgment. 2. In the counter affidavit filed by the Thahasildar, it is mentioned that the petitioner submitted an application of issuance of Possession Certificate showing an extent of 6.29 acres of land in Pudussery Village of Palakkad Taluk. On enquiry through the Village Officer it was reported that he is in possession of 3.50 acres of land only in different survey numbers. It is in these circumstances, the Possession Certificate for the entire extent was not issued. W.P.(C).NO.24081 OF 2004 2 3. Evidently, Civil disputes were pending between the parties. Therefore, depending upon the outcome of the civil suit the petitioner can move the Revenue Authorities for issuance of Possession Certificate if the civil disputes results in his favour. The writ petition is disposed of accordingly. T.R.RAMACHANDRAN NAIR, JUDGE pm