IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 WP(C).No. 10322 of 2009(O) -------------------------- AGAINST THE ORDER DATED 08/01/2009 IN IA 1458/08 IN OS.10/2000 of SUB COURT, MANJERI .................... PETITIONER: --------------- MADHAVAN NAMBOODIRIPAD, S/O.KESAVAN NAMBOODIRIPPAD, AREEPURATH @ KARUTHEDATH MANA, CHEMBRASSERI AMSOM DESOM, ERNAD TALUK. BY ADV. SRI.V.R.KESAVA KAIMAL SRI.N.M.MADHU RESPONDENTS: --------------- 1. AREEPURATH @ KARUTHEDATH MANAKKAL VIJAYAN NAMBOODIRIPAD, S/O.KESAVAN NAMBOODIRIPAD, VELLAT LINE, THRISSUR 1. 2. DEVAKI ANTHARJANAM, 66 YEARS, ELANGALLOR MANA, VELLANIKKARA P.O., MANNUTHI, THRISSUR DISTRICT. 3. SREEKUMARAN NAMBOODIRIPAD, 64 YEARS, CHEMBRASSERY AMSOM DESOM, ERNAD TALUK. 4. DIVAKARAN NAMBOODIRIPAD, 62 YEARS, KARUTHEDATH MANA, POONKUNNAM, 15TH STREET, HARI NAGAR, P.C.PONKUNNAM, THRISSUR DISTRICT. 5. SARADA ANTHARJANAM, 60 YEARS, W/O.DR.U.C.G.NAMBOODIRI, UPPILAPPATTA MANA (HARITHA), GURUVAYOOR, THRISSUR DISTRICT. 6. ARIPURATH @ KARUTHEDATH MANAKKAL MADHAVAN NAMBOODIRIPAD'S WIFE SAROJAM ANTHARJANAM, 58 YEARS, CHEMBRASSERY AMSOM DESOM, ERNAD TALUK. WPC 10322/09 7. DAUGHTER MAYA, 37 YEARS, W/O.K.M.NEELAKANDAN NAMBOODIRI, LECTURER, HINDI DEPARTMENT, ST.MICHAELE COLLEGE, MAYITHRA MARKET P.O., CHERTHALA, ALAPPUZHA DIST. 8. ARIPURATH @ KARUTHEDATH MANAKKAL, SREEKUMARAN NAMBOODIRIPAD'S WIFE INDIRA, 55 YEARS, CHEMBRASSERY AMSOM DESOM, ERNAD TALUK. 9. DAUGHTER SREEJA, 35 YEARS, W/O.DR.PARAMESWARAN NAMBOODIRI, KAVUNGAL MANA, AYILAKKAD, P.O.AYILAKKAD, VIA EDAPPAL, PONNANI TALUK. 10. ARIPURATH @ KARUTHEDATH MANAKKAL, DIVAKARAN NAMBOODIRIPAD'S WIFE GOURI, 48 YEARS, KARUTHEDATH MANA, POONKUNNAM, 15TH STREET, HARI NAGAR, POONKUNNAM P.O., THRISSUR DISTRICT. 11. KARUTHEDATH MANAKKAL MADHAVAN, NAMBOODIRIPAD'S SON MOHANAN, 36 YEARS, CHEMBRASSERY AMSOM DESOM, ERNAD TALUK. ADV. SRI.K.M.SATHYANATHA MENON FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S. SATHEESACHANDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.10322 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 21st May, 2009 JUDGMENT This Writ Petition is filed under Article 227 of the Constitution of India seeking the following reliefs: 1. To call for the records leading to Ext.P5 order and issue a writ of certiorari or any other appropriate writ order or direction quashing the said order. 2. To issue any other writ, order or direction that this Hon,ble Court may deem fit and proper in the circumstances of the case. Petitioner is the first defendant in a suit for partition filed by the first respondent in which a preliminary decree had already been passed. Against the preliminary decree, the petitioner filed an appeal wherein passing of the final decree was ordered to be stayed. Meanwhile, the first respondent moved an application before the trial court to have slaughter tapping of rubber trees standing in one of the plaint items by public auction. Though the present petitioner objected to the application, after obtaining a report from an Advocate Commissioner which prima facie indicated that the rubber trees standing in the plaint item are more or less aged 35 years and thus require to be slaughtered, the learned Sub Judge allowed the application, ordering W.P.C.No.10322/09 - 2 - slaughter tapping of the rubber trees by public auction. Impeaching the correctness of that order, the petitioner has approached this court with the above Writ Petition. After going through the order and also the submissions made by the counsel for the petitioner, I do not find any reason for interfering with the order passed by the learned Sub Judge. The report of the Advocate Commissioner prima facie indicate that the rubber trees (item No.4 in the plaint schedule) are not properly managed and they have outlived their yielding capacity and require slaughtering. Attempt of the petitioner to stall the slaughtering appears to be not bonafide. Mesne profits is ordered to be quantified in the final decree proceedings is no ground to deny the benefits due to the other sharers in the property till the quantification thereof is made under the final decree. On conducting public auction for slaughtering of the rubber trees, the amount collected thereby shall be deposited in the court, which shall be disbursed to the sharers in tune with the orders to be passed in the final decree. The Writ Petition is dismissed. srd S.S. SATHEESACHANDRAN, JUDGE