IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 WP(C).No. 33476 of 2006(I) ------------------------------------ PETITIONER: ------------------ C.K.DURAIRAJ, S/O. KANNIYAN, AGED 69 YEARS, COLONY ROAD, MUNNAR, IDUKKI DISTRICT. BY ADV. SRI.N.M.VARGHESE SRI.ROY THOMAS RESPONDENTS: --------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, IDUKKI DISTRICT, COLLECTORATE, KUYILIMALA, IDUKKI. 3. THE TAHSILDAR, DEVIKULAM TALUK, DEVIKULAM, IDUKKI DISTRICT. BY GOVERNMENT PLEADER SRI.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.33476/2006 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE CERTIFICATE OF POSSESION NO.452/1996 DT. 28.6.1996 ISSUED BY THE VILLAGE OFFICER KDH VILLAGE IN THE NAME OF THE PETITIONER. EXT.P2:- COPY OF THE SKETHC OF THE PROPERTY OF THE PETITIONER DRAWN BY THE VILLAGE OFFICER, KDH VILLAGE ISSUED ALONG WITH EXT.P1. EXT.P3:- COPY OF THE OWNERSHIP CERTIFICATE NO.A3-10/2005 DT. 12.10.2006 ISSUED BY THE SECRETARY MUNNAR GRAMA PANCHAYAT IN THE NAME OF THE PETITIONER. EXT.P4:- COPY OF THE BUILDING TAX RECEIPT NO.37 IN BOOK NO.37550 DT. 29.9.2006 ISSUED BY THE SECRETARY MUNNAR GRAMA PANCHAYAT. EXT.P5:- COPY OF THE COMMUNICATION NO.1638/A2 DT. 1.2.2006 ISSUED BY THE SIT RESPONDENT TO THE 2ND RESPONDENT DISTRICT COLLECTOR. EXT.P6:- COPY OF THE REPORT OF THE 2ND RESPONDENT DISTRICT COLLECTOR NO.G-4814 DT. 6.9.72 ADDRESS TO THE IST RESPONDENT GOVERNMENT. EXT.P7:- COPY OF THE REPLY OF THE GOVERNMENT TO EXT.P6 STUDY REPORT NO.6053/U2/73/RD DT. 18.8.74 ADDRESSED TO the 2ND RESPONDENT DISTRICT COLLECTOR. EXT.P8:- COPY OF THE LATEST INTEIM ORDER OF THIS HONOURABLE COURT PASSED IN WPC. NO.11935/2006 DT. 9.8.2006. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.33476 OF 2006 --------------------------------------- Dated this the 24th day of September, 2008. J U D G M E N T This writ petition is filed with the following prayer: I) Issue a Writ of Mandamus directing the respondents not to dispossess the petitioner from his property covered by Exts.P1 to P4 document during the pendency of proceedings for assignment in his favour. It is submitted that the applications are pending before the second respondent. There will be a direction to the second respondent to dispose of the applications, if any, filed by the petitioner, with notice to the petitioner, expeditiously. Interim order dated 21.12.2006 will continue till such time. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No.33476 OF 2006 J U D G M E N T 24.09.2008