IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 WA.No. 957 of 2009 ---------------------------------- AGAINST THE ORDER IN WPC.6162/2009 Dated 01/04/2009 .................... APPELLANT/ADDITIONAL 3RD RESPONDENT: ----------------------------------------------------------------- SARALA, W/O.VIJAYAN, AGED 43, KONATHUPARAMBIL VEEDU, KAVUMBHAGOM VILLAGE. BY ADV. SRI.R.GIREESH VARMA RESPONDENTS/PETITIONER & RESPONDENTS 1 AND 2: -------------------------------------------------------------------------------- 1. K.N.KUSUMAKUMARI, AGED 53 YEARS, D/O.LATE NARAYANAN, KONATHUPARAMBIL VEEDU, KAVUMBHAGOM P.O., THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT, RESIDING AT THACHAYIL HOUSE, THAZHAKKARA P.O., MAVELIKKARA. 2. MUNICIPAL SECRETARY, REPRESENTING THE MUNICIPAL OFFICE, THIRUVALLA MUNICIPALITY, PATHANAMTHITTA DISTRICT. 3. REVENUE INSPECTOR, REPRESENTING THE MUNICIPAL OFFICE, THIRUVALLA MUNICIPALITY, PATHANAMTHITTA DISTRICT. R1 SMT.K.N.KUSUMAKUMARI (PARTY-IN-PERSON) SMT.RAZIYA K.K., AMICUS CURIAE R2 & R3 BY ADV.SRI.SUBHASH CHAND THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 03/08/2009 ALONG WITH W.P.(C) NO.6162 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A. No. 957 of 2009 & W.P.(C) No.6162 of 2009 ------------------------------------------ Dated, this the 3rd day of August, 2009 JUDGMENT Kurian Joseph, J. This writ appeal is filed against an interim order passed by the learned Single Judge in W.P.(C) No.6162 of 2009. When the writ appeal came up for consideration before us, it was submitted that the writ petition itself can be disposed of and by consent of parties we have called for the writ petition also to be disposed of along with the writ appeal. 2. The writ petition is filed mainly for the following relief: “(a) direct the Municipal Secretary representing the Thiruvalla Municipality to mutate 4 cent land allotted to the petitioner by the Village Officer, Kavumbhagom, Thiruvalla within a time limit (Exhibit P4).” 3. The learned Single Judge by the impugned interim W.A.No.957 of 2009 - 2 - order directed the Municipality to pass orders transferring the ownership of the portion of the building situated in four cents of property allotted to the petitioner as per the decree of the civil court. The Municipality could not implement the order in view of the pendency of the appeal before the Sub Court, Thiruvalla as A.S.No.20 of 2008. It is reported to us that the appeal has been allowed and the matter is now remitted to the Munsiff's Court, Thiruvalla for passing fresh final decree in the light of the judgment in that appeal. In that view of the matter, practically nothing survives in the writ petition. Therefore, the impugned order passed by the learned Single Judge is set aside and the writ petition is disposed of directing the Municipality to pass orders in the matter of mutation depending on the outcome of the litigation between the parties. Writ appeal is disposed of as above. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns