IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 WP(C).No. 10021 of 2010(O) ---------------------------------------- EP.147/1997 IN OS.53/1992 OF THE SUB COURT, PALAKKAD .................... PETITIONER(S): ----------------------- K. RAVINDRANATHAN, S/O.KARUPPAN, AGED 66 YEARS, CHOZHIYAKKAD HOUSE, VANDITHAVALAM POST, CHITTUR TALUK, PALAKKAD DISTRICT. BY ADV. SMT.K.G.SAROJINI, SMT.N.C.SALINI. RESPONDENT(S): -------------------------- K.V. SUKUMARAN, S/O.VENUGOPALAN, KANDOTH HOUSE, CHITTUR, PALAKKAD DISTRICT - 678 101. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.BHAVADASAN, J. ------------------------------------- WP(C) No.10021 of 2010 ------------------------------------- Dated 26th March 2010 Judgment In this Writ Petition, filed under Article 227 of the Constitution of India, the limited prayer of the petitioner is for a direction to the Sub Court, Palakkad to dispose of Ext.P5 application said to have been filed by him before the said Court. 2. The petitioner, along with another person, claims to have purchased 7.65 acres of land in Pattanchery Village of Chittur Taluk as per Sale Deed No.2979/2000 of SRO, Chittur dated 14.08.2000. A possession certificate was also issued to them in respect of the said property, a copy of which is produced as Ext.P1. They have been in possession and enjoyment of the said land ever-since then. While so, the petitioner along with the co-owner, submitted Ext.P5 application, praying for issuance of the latest possession certificate and basic tax receipt in respect of the above said property, before the Village Officer, Pattanchery. But, the WPC 10021/10 2 Village Officer refused to issue the said documents, on the ground of pendency of an appeal before this Court, filed by the mother of the seller of the property. Therefore, the petitioner approached this Court by filing WPC No.17729/09, which was disposed of by Judgment dated 25.08.2009 directing the Village Officer, Pattanchery to take a decision on Ext.P5 within one month. Pursuant to the direction of this Court, the Village Officer issued a possession certificate in the name of the petitioner and the son of the co-owner, certifying that they are holding only an extent of 0.8848 ares of land. Copy of the said certificate is produced as Ext.P3. Along with Ext.P3, the Village Officer also issued a proceedings dated 16.09.2009, justifying the reduction in the extent of land held by them as compared to Ext.P1 certificate. Ext.P4 is the copy of the said proceedings. The grievance of the petitioner is that he was not afforded an opportunity of being heard before issuing Exts.P3 and P4. He submits that if Ext.P5 is not disposed of within a time frame, he will be put to irreparable loss and injury. Therefore, he prays for a direction to the Sub Court, Palakkad to dispose of Ext.P5 expeditiously. WPC 10021/10 3 3. In the nature of the order that is proposed to be passed in this Petition, it is felt that notice to the respondents is unnecessary. The petitioner has filed an application before the Sub Court and it is only just and proper that the Court disposes of the same in accordance with law expeditiously. Accordingly, there will be a direction to the Sub Court, Palakkad to consider and dispose of Ext.P5 in accordance with law as expeditiously as possible, at any rate, within two weeks from the date of receipt of a copy of this Judgment. The Writ Petition is disposed of as above. P.BHAVADASAN, JUDGE sta WPC 10021/10 4