IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 30TH JULY 2009 / 8TH SRAVANA 1931 WP(C).No. 21509 of 2009(G) -------------------------- PETITIONER(S): --------------- 1. T.C.CHACKO, THITTAYIL HOUSE, PADINJATTUM MURI, MANNAMTHODU VAZHI, NIRANAM, THIRUVALLA. 2. ALAYAMMA CHACKO, W/O.T.C.CHACKO RESIDING AT THITTAYIL HOUSE, PADINJATTUM MURI, MANNAMTHODU VAZHI, NIRANAM, THIRUVALLA. (BOTH THE PETITIONERS REP.BY THEIR POWER OF ATTORN EY HOLDER KOCHUCHACKO, RESIDING AT THITTAYIL HOUSE BY ADV. SRI.SANTHAN V.NAIR RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY THE CHIEF SECRETARY TO GOVERNMENT OF KERALA, SECRETARIAT STATUE, TRIVANDRUM,. 2. THE DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, PATHANAMTHITTA DIST. 3. THE RDO, RDO OFFICE, THIRUVALLA, PATHANAMTHITTA DIST. 4. THE THAHASILDAR, THIRUVALLA, PATHANAMTHITTA DIST. 5. THE SECRETARY , KADAPRA GRAMA PANCHAYATH, THIRUVALLA. PATHANAMTHITTA DIST. 6. THE THALUK SURVEYOR, OFFICE OF THE TALUK SURVEYOR, THIRUVALLA. BY GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).21509/2009 -------------------- Dated this the 30th day of July, 2009 JUDGMENT A dispute arose between the petitioners and the 5th respondent/Panchayat over an item of 1.5 cents of property claimed by the petitioners as forming part of 29 cents of property comprised in old Survey No.170/2B of Kadapra Village. The Suit filed by the petitioners was decreed as evidenced by Ext.P2 restraining the defendants therein from trespassing into the plaint schedule property. The Suit filed by the Panchayat was dismissed as per Ext.P3 judgment. Petitioners claim that the Civil Suit has become final. 2. According to the petitioners, the Panchayat have not preferred any appeal against Exts.P2 and P3. The Panchayat then moved the 4th respondent for cancellation of the mutation in relation to the petitioners and by Ext.P5 order, Tahasildar cancelled the mutation. Petitioners have preferred an appeal against the same before the RDO as evidenced by Ext.P7. Ext.P7 is pending disposal. In the W.P.(C).21509/09 2 meanwhile, the property is proposed to be measured and hence this writ petition. 3. Orders shall be passed by the RDO on Ext.P7 appeal, after hearing the petitioners as also the Panchayat, within three months from the date of receipt of a copy of this judgment. Further proceedings pursuant to Ext.P8 shall be taken only subject to orders to be passed by the RDO on Ext.P7. Copy of the writ petition shall be produced before the RDO along with the copy of the judgment. Writ petition is disposed of as above. V.GIRI, Judge mrcs