IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 28TH JUNE 2010 / 7TH ASHADHA 1932 WP(C).No. 20033 of 2010(O) -------------------------- OS.162/2005 of PRINCIPAL SUB COURT,THIRUVANANTHAPURAM .................... PETITIONER(S): --------------- 1. YOUNG MEN'S CHRISTIAN ASSOCIATION(YMCA), TRIVANDRUM,REPRESENTED BY ITS GENERAL SECRETARY. 2. NATIONAL COUNCIL OF YMCA OF INDIA, BHARAT YUVAK BHAVAN,JAI SINGH ROAD, P.B.NO.14,NEW DELHI-110001, (REPRESENTED BY THOMAS ABRAHAM,IST PETITIONER, GENERAL SECRETARY,Y.M.C.A., TRIVANDRUM). BY ADV. SRI.T.KRISHNAN UNNI, SENIOR ADVOCATE SRI.JACOB P.ALEX RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY ITS PRINCIPAL SECRETARY,REVENUE(U)DEPARTMENT, GOVERNMENT SECRETARIAT,TRIVANDRUM. 2. TAHSILDAR,TALUK 0FFICE,TRIVANDRUM. BY GOVT. PLEADER SHRI B.JAYASURYA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.20033 of 2010 -------------------------------------- Dated this the 28th day of June, 2010. JUDGMENT Learned Government Pleader takes notice for respondents. 2. Plaintiffs in O.S.No.162 of 2005 of the court of learned Principal Sub Judge, Thiruvananthapuram are the petitioners before me. They sued respondents challenging the assessment made by them for payment of lease rent in respect of 78 cents in survey No.2836 which petitioners say, they are holding under a permission from the then Maharaja of the Travancore granted in the year 1917. They also raised certain contentions as to the application of Land Assignment Act and the relevant rules in the matter of assignment. In the course of proceeding petitioners filed Exts.P4 and P5, applications seeking reference to this Court under Section 113 of the Code of Civil Procedure wherein it is stated that petitioners have challenged the virus of Section 7(1)(h) of the Kerala Land Assignment Act and Rule 12(5) of the Rules. The limited prayer in this proceeding is to direct the learned Principal Sub Judge to dispose of those applications before conducting trial of the suit. 3. Having regard to the circumstances stated, Exts.P4 and P5, applications have to be disposed of before the suit is disposed of finally. WP(C) No.20033/2010 2 Resultantly, this Writ Petition is disposed of directing learned Principal Sub Judge to dispose of Exts.P4 and P5, applications before the suit is finally disposed of. I make it clear that recording of evidence of witnesses can proceed with. THOMAS P.JOSEPH, Judge. cks