IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 13TH MARCH 2008 / 23RD PHALGUNA 1929 WP(C).No. 8646 of 2008(D) ------------------------- AGAINST THE ORDER IN EP. 241/2001 IN OS.252/1992 of ADDL.SUB COURT, PALAKKAD .................... PETITIONER: ------------ MAHALINGAM, S/O. NATARAJAN KOUNDER, ELAYATTU KALATHIL, ATTAYAMPATHY VILLAGE, CHITTUR, PALAKKAD. BY ADV. SRI.T.M.SUNIL SMT.S.CHITHRA SRI.A.S.BRIJESH RESPONDENTS: ------------- 1. JEEVARATHNAM, W/O. KARUPPU SWAMI KOUNDER, AYYANMARKALIKALATHIL, MANJIKUNNAMPATHY, CHITTUR, PALAKKAD. 2. NATARAJA KOUNDER, S/O. PAZHANI KOUNDER, ELAYATHUR KALATHIL, ATTAYAMPATHY VILLAGE, CHITTUR. 3. NEJRAJ, S/O. NATARAJA KOUNDER, ELAYATHUR KALATHIL, ATTAYAMPATHY VILLAGE, CHITTUR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------------------------- W.P.(C).No.8646 of 2008 ------------------------------------------- Dated this the 13th day of March, 2008 JUDGMENT This writ petition is filed for a direction to the Subordinate Judge, Palakkad to depute an Amin for putting the petitioner in possession of the properties allotted to him for which Ext. P2 is filed for delivery and the matter is not being taken up by the court below. 2. I have perused Ext.P5 and find that there are proceedings which indicates regarding a stay. If there is a stay by the High Court until and unless the stay is vacated nothing can be done. Therefore, I direct the court below to direct the person, who represents that there is a stay, to produce the order of the stay passed by the High Court, verify it and if there is no stay, to proceed with the matter then dispose of it in accordance with law. M.N.KRISHNAN, JUDGE csl