IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 26TH NOVEMBER 2010 / 5TH AGRAHAYANA 1932 WP(C).No. 31489 of 2007(W) --------------------------------------- PETITIONERS: --------------------- 1. MOHANAN NAIR, AGED 57 YEARS, S/O.SEKHARAN PILLAI, HOUSE NO.T.C.21/20, MANARKKADU VILLAGE, THIRUVANANTHAPURAM. 2. YOUSEFF, AGED 52 YEARS, S/O.ALIYARUKUNJU VAIDYAN, JAMEELA MANZIL, VENKULAM, EDAVA VILLAGE, CHIRAYINKEEZHU TALUK. BY ADVS. SRI.BLAZE K.JOSE, SRI.K.K.SUNIL KUMAR (IDUKKI). RESPONDENTS: ------------------------ 1. ASSISTANT DIRECTOR, RESURVEY DEPARTMENT, NEYYATTINKARA, THIRUVANANTHAPURAM. 2. RESURVEY SUPERINTENDENT, OFFICE OF THE RESURVEY SUPERINTENDENT, KEEZHVALLAM P.O., ATTINGAL. 3. VILLAGE OFFICER, NAVAYIKULAM VILLAGE, THIRUVANANTHAPURAM. 4. CHELLAYAN, S/O.NEELAM, CHARUVILAPUTHEN VEEDU, NAYANAMKONAM, NAVAYIKULAM VILLAGE. R1 TO R3 BY GOVT. PLEADER SRI. T.K. ARAVINDKUMAR BABU, R4 BY ADV. SRI.M.V.S.NAMBOOTHIRY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.31489/2007-W: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE SALE DEED DTD. 05/02/2000 NO. 431/2000. EXT.P.2: COPY OF THE REPORT DTD. 30/06/1972. EXT.P.3: COPY OF THE JUDGEMENT OF THIS HON'BLE COURT DTD. 20TH FEBRUARY 1980. EXT.P.4: COPY OF THE ORDER PASSED IN C.R.P. NO.1074/1987 DTD. 17/01/1992. EXT.P.5: COPY OF THE ORDER DTD. 18/11/1996 PASSED BY COURT OF THE PRINCIPAL SUB JUDGE, TRIVANDRUM IN I.A. NO. 820/1995 IN O.S. 85/1971. EXT.P.6: COPY OF THE ORDER DTD. 22/09/199 PASSED BY THIS HON'BLE COURT IN C.R.P. NO.2336/1998. EXT.P.7: COPY OF THE LETTER NO.257/2000 OF THE COURT OF THE PRINCIPAL SUB JUDGE, THIRUVANANTHAPURAM. EXT.P.8: COPY OF THE REPORT SUBMITTED BY THE POLICE BEFORE THE SUB DIVISIONAL MAGISTRATE CHARGING WITH THE OFFENCE UNDER SECTION 107 OF THE CRIMINAL PROCEDURE CODE. EXT.P.9: COPY OF THE FIRST INFORMATION REPORT DTD. 19/09/2000 LODGED BY THE KALLAMBALAM POLICE. EXT.P.10: COPY OF THE ORDER DTD 20/06/2003 PASSED BY THE COURT OF THE SUB JUDGE, ATTINGAL IN C.M.A. NO. 12/2000. EXT.P.11: COPY OF THE JUDGEMENT DTD. 31/01/2004. EXT.P.12: COPY OF THE ORDER DTD. 31/01/2004 PASSED BY THE MUNSIFF COURT, VARKALA IN I.A. NO.334/2004 IN O.S. NO.449/1999. EXT.P.13: COPY OF THE ORDER IN I.A. NO. 89/2000. EXT.P.14: COPY OF THE KACHIT DTD. 29/01/2000. EXT.P.15: COPY OF THE REPORT DTD. 01/02/2000. EXT.P.16: COPY OF THE JUDGEMENT DTD. 13/02/2002 PASSED BY THIS HON'BLE COURT IN O.P. NO. 34034/2000. EXT.P.17: COPY OF THE JUDGMENT IN W.P.(C).23193/2004. EXT.P.18: COPY OF THE POSSESSION CERTIFICATE DTD. 26/08/2000. EXT.P.19: COPY OF THE TAX RECEIPT DTD. 13/09/02. EXT.P.20: COPY OF THE COMPLAINT TO THE R.2. DTD. 19/08/04. EXT.P.21: COPY OF THE LETTER FROM THE R.1. DTD. 09/03/05. W.P.(C). NO.31489/2007-W: EXT.P.22: COPY OF THE COMPLAINT TO THE R.2. DTD. JULY 2006. EXT.P.23: COPY OF THE ORDER DTD. 28/04/07 FROM THE R.1. EXT.P.24: COPY OF THE LETTER DTD. 09/05/07 FROM THE R.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 31489 of 2007 W ``````````````````````````````````````````````````````` Dated this the 26th day of November, 2010 J U D G M E N T Among the prayers sought in this writ petition, the petitioners now confine their prayer for consideration of Exts.P20 and P22, which, according to them, are pending before the first respondent. 2. The grievance of the petitioners is that Ext.P20 appeal was filed by them against the entries in the resurvey records, which indicated that a portion of the petitioners' property was in the possession of the fourth respondent. It is stated that after filing of the aforesaid appeal, Ext.P22 was filed by way of a supplementary representation. It is stated that apparently for defeating the petitioners, the fourth respondent made a representation and on that basis, Ext.P24 was issued by the first respondent stating that in view of the pendency of I.A.Nos.1087/2005 and 1088/2005 against the judgment in O.S.No.85/71, Ext.P20 appeal cannot be W.P.(C) No.31489/2007 : 2 : disposed of. It was thereupon this writ petition was filed. 3. Despite service of notice, there is no counter affidavit filed by the fourth respondent. 4. As already seen, the appeal was filed against the resurvey entries. The disposal of the appeal cannot be delayed because of the pendency of the I.A. which even as on date has not resulted in any order passed by any of the competent court restraining disposal of the appeal or affecting the outcome of the appeal filed by the petitioners. 5. Therefore, in my view, there is absolutely no justification to defer disposal of Ext.P20 appeal. In that view of the matter, I direct the first respondent to dispose of Ext.P20 appeal filed by the petitioners, on merits and with notice to all the parties concerned. This, the first respondent shall do, at any rate, within eight weeks from the date of production of a copy of this judgment. Writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) aks