IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 WP(C).No. 25720 of 2008(J) ------------------------------------ PETITIONER: ------------------- 1. M.G.KESAVA PILLAI AGED 66 YEARS, PAYYAMPALLIL, CHAMBAKULAM VILLAGE, ALAPPUZHA 2. GEORGE KURIAN, AGES 69 YEARS, THEKKEDATH PEEDIKAYIL, EDATHUA BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENTS: ----------------------- 1. THE DISTRICT REGISTRAR, OFFICE OF THE DISTRICT REGISTRAR ALAPPUZHA 2. SUB REGISTRAR OFFICE OF SUB REGISTRAR, PULINKUNNU. 3. JOMY MATHEW, AGED 39, S/O MATHEW, KOOTTUMMEL HOUSE, PULINKUNNU VILLAGE. 4. NEDUMUDI VILLAGE SERVICE, CO-OPERATIVE SOCIETY LTD, NO. 2331, NEDUMUDI, ALAPPUZHA REP. BY ITS. SECRETARY. BY GOVERNMENT PLEADER SRI. I.V. PREMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ================== W.P(C)No.25720 of 2008 ================== Dated this the 26th day of August, 2008. J U D G M E N T The petitioners claim to have purchased certain properties in court auction. Ext.P4 sale certificate and Ext.P5 Kaichit have been issued to the petitioner in respect of the said property. This was pursuant to an ex-parte decree obtained by the 3rd respondent in execution of which the property was sold. It appears that the owner of the property filed an application to set aside the ex-parte decree in favour of the 3rd respondent. The petitioners grievance in this writ petition is that pending disposal of that petition the 4th respondent is attempting to get a document in respect of the property registered, a copy of which is produced as Ext.P8. The petitioners seek a direction to the respondents 1 and 2 not to register such documents. I am of opinion that in so far as the 4th respondent is not a state or other authority amenable to the writ jurisdiction of this court, petitioner cannot seek the relief prayed for in this writ petition, except through a properly constituted suit or the petitioners have to seek their remedy in the court were Ext.P6 W.P(C)No.25720 of 2008 - 2 - is pending. That being so, I am not inclined to entertain this writ petition and accordingly, the same is dismissed. S.SIRI JAGAN, JUDGE rhs