IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 WP(C).No. 12911 of 2008(K) -------------------------- PETITIONER: --------------- M.P.SREEDEVI, W/O. ANIL KUMAR AGED 23, THERIVILA PUTHEN VEEDU, KUNNAMPUZHA, ARAMADA PO., TRIVANDRUM BY ADV. SRI.G.S.REGHUNATH RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR,TRIVANDRUM 2. RADHAMMA,D/O. BHAGEERATHI AMMA PANGODE KIZHAKKEKARA PUTHEN VEEDU KUNNAMPPUZHA, THIRUMALA, ARAMADA P.O. TRIVANDRUM 3. THE SETTLEMENT OFFICER (SPECIAL TAHASILDAR, SREE PANDARAVAKA LANDS NO. III, TRIVANDRUM. R1 & R3 BY SRI. K. RAMESH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO. 12911/2008 APPENDIX ------------- PETITIONER'S EXHIBITS. ---------------------------- P1:- TRUE COPY OF THE APPEAL MEMO FILED BEFORE THE R.D.O., TRIVANDRUM ON 30-04-2007 P2:- TRUE COPY OF THE LETTER DATED 30-06-2007 ISSUED BY THE 1ST RESPONDENT. P3:- TRUE COPY OF THE APPEAL PETITION FILED BEFORE THE 1ST RESPONDENT ON 12-7-2007 P4:- TRUE COPY OF LETTER DATED 15-2-2008 RECEIVED BY THE PETITIONER //TRUE COPY// PA TO JUDGE T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.12911 of 2008-K - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of January, 2010. JUDGMENT The main prayer in the writ petition is for a direction to the first respondent to take a decision on Ext. P3 within a specified time. The petitioner is the owner in possession of 3 cents of land in Sy. No.1243 of Thirumala Village. Mutation was effected and tax is also being paid. The petitioner's family have constructed a house in the said property and is residing there. It is the case of the petitioner that the second respondent has raised a dispute with regard to the property and filed O.S. No.1285/2007 before the Munsiff's Court for declaration of title and for fixation of boundary and injunction. Having got information that they have obtained purchase certificate from the third respondent, the petitioner has filed an appeal before the Revenue Divisional Officer as per Ext.P1. The same was returned by the Revenue Divisional Officer directing the petitioner to file the same before the District Collector. Accordingly, a fresh appeal was filed as per Ext.P3. By Ext.P4, the petitioner was informed that in the light of the pendency of the civil suit, the appeal is not being considered. 2. Heard learned Govt. Pleader appearing for respondents 1 to 3. wpc 12911/2008 2 3. In the light of the direction sought for, I am not going into the merits of the matter. Since Ext.P3 is pending before the first respondent, there will be a direction to the first respondent to take a decision on Ext.P3 after hearing the petitioner and the second respondent and any other affected parties, within a period of three months from the date of receipt of a copy of this judgment. A decision will be taken in accordance with law and after considering the contentions of the parties. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/