IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 22ND MARCH 2011 / 1ST CHAITHRA 1933 WP(C).No. 26326 of 2010(M) ------------------------------------- PETITIONER: ------------------- P.S.RAJAN, S/O. LATE P.I.SIMON, AGED 84 YEARS, VADAKKETHALAKAL HOUSE, R.S. POST, THIRUVALLA-689 111. BY ADVS. SMT.JEENA JOSEPH SRI.G.D.PANICKER SMT.GISA SUSAN THOMAS RESPONDENTS: ----------------------- 1. THE SECRETARY, MAVELIKKARA MUNICIPALITY MAVELIKKARA-690101. 2. THE SUB REGISTRAR, SUB REGISTRAR'S OFFICE, MAVELIKKARA-690101. 3. THE VILLAGE OFFICER, THAZHAKARA VILLAGE, THAZHAKKARA-690108, MAVELIKKARA. 4. THOMAS.P.DANIEL, PUTHENPURAYILVEEDU, THAZHAKKARA MURI, MAVELIKKARA PRESENTLY RESIDING AT 9 SANKAR LOK, YESWANT NAGAR, SANTACRUZ, BOMBAY. 5. MRS. ALICE PAUL, W/O. M.V.PAUL, MALIEKKAL HOUSE, AYYAMPILLY.P.O., ERNAKULAM DISTRICT. 6. THOMAS KURIEN S/O. K.G.KURIEN, CINE VILLA, KOCHUVEETIL HOUSE, VAZHUVADY MURI, THAZHAKARA VILLAGE, MVELIKKARA-690102. 7. RAJAN VARGHESE,S/O. T.V.RAJAN, THOMMANPARAMBIL VALIYAVEETTIL, THAZHAKKARA MURI, THAZHAKKARA VILLAGE-690102. R1 BY ADV. SHRI.K.HARILAL, SC R5 BY ADVS. SRI.P.B.KRISHNAN SRI.R.SURAJ KUMAR SMT.GEETHA P.MENON SRI.N.AJITH FOR R5 SRI.P.M.NEELAKANDAN W.P.(C) NO.26326 OF 2010(M) --2-- R7 BY ADVS.SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU SRI.B.PREMNATH (E) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.26326 OF 2010(M) A P P E N D I X PETITIONER'S EXHIBITS:- EXT.P1:- COPY OF THE ORDER DATED 26.11.2002 IN A.S NO. 533/2002 OF THE HONOURABLE HIGH COURT OF KERALA. EXT.P2:- COPY OF THE ORDER DATED 24.6.2010 IN I.A NO.2188/2010 IN A.S NO.533/2002 OF THE HONOURABLE HIGH COURT OFKERALA. EXT.P3:- COPY OF THE ORDER DATED 1.7.2010 IN I.A NO.2188/20120 IN A.S NO.533/2002 OF THE HONOURABLE HIGH COURT OF KERALA. EXT.P4:- COPY OF THE PHOTOGRAPHS SHOWING THE CONSTRUCTION AND DEVELOPMENT DONE IN THE PREMISES. EXT.P5:- COPY OF THE COMPLAINT DATED 12.8.2010 GIVEN TO THE 1ST RESPONDENT BY THE PETITIONER. RESPONDENT'S EXHIBITS:- EXT.R7(A):- COPY OF THE JUDGMENT DATED 3-2-2011 IN A.S NO.533/2002 OF THIS HON'BLE COURT. //TRUE COPY// P.A. TO JUDGE C.T.RAVIKUMAR, J. --------------------------------------- W.P.(C) No.26326 of 2010 ---------------------------------------- Dated this the 22nd day of March, 2011 J U D G M E N T The petitioner claims to be one of the co-owners of the property involved in this writ petition praying to issue a writ of mandamus commanding the first respondent to take action against the illegal construction made in the property by respondents 4 to 7 and to demolish the construction as per law. A further direction is sought to respondents 2 and 3 not to register the documents to third parties of the properties mentioned in the Re.Sy No.40/26 measuring 60 cents, Re.Sy No.40/40 measuring 1.41 acres, Re.Sy No.34/6/17, 34/6/9, 34/6/8, 34/6/4 measuring 35 cents in Thazhakkara Village. 2. I do not think it necessary to consider the issue involved in this writ petition on merits, on account of the subsequent development, as is obvious from Exhibit R7(a). As per Exhibit R7(a) judgment, the appellant therein, viz., the petitioner herein, was given an opportunity to file a comprehensive suit to establish all his right which takes in the right to partition as well. The said appeal was dismissed by this Court with the said reservation in favour of the plaintiff and making it clear W.P.(C) No.26326 of 2010 --2-- that if any transfer is effected and if the suit is filed within a period of three months or even if it is prior to the institution of the suit, it will be all bound by the ultimate decision on the right of the petitioners. Thus the right of the parties, including the petitioner, have beens safeguarded and, it will be open to the parties to resort to the remedies taking note of Exhibit R7(a). In view of Exhibit R7(a), this writ petition is closed leaving to the parties to pursue their remedies. Sd/- C.T.RAVIKUMAR, JUDGE. //TRUE COPY// P.A. TO JUDGE KRK