IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 WP(C).No. 5360 of 2008(K) ------------------------- OS.81/2007 of SUB COURT, MANJERI .................... PETITIONERS: ------------ 1. PANAKKADAN YOUNUS SALIM, S/O.PANAKADAN YOUSUF, THACHAMPARA, MANNARKKAD TALUK, PALAKKAD DISTRICT. 2. PULAYAKALATHIL MUBASHEERA, D/O.PULAYAKALATHIL HAMSA, KARKIDAMKUNNU P.O., MANNARKKAD TALUK, PALAKKAD DISTRICT. 3. PURONA RASHEED, S/O.HAMSA, POTTASSERRY HOUSE, II VILLAGE P.O.TRIKALLUR, MANNARKKAD TALUK, PALAKKAD DISTRICT REP. BY POWER OF ATTORNEY HOLDER SHAMSUDEEN,S/O.KADERKUTTY KOTTASERY-2, VILLAGE THRIKALLUR, MANNARKKAD TALUK, PALAKKAD DISTRICT. 4. PULAYAKALATHIL MOHAMMED MUSTHAFFA, S/O.HAMSA, KARKKIDAKAM KUNNU AMSOM DESOM, MANNARKKAD TALUK, PALAKKAD DISTRICT. BY ADV. SRI.P.M.POULOSE RESPONDENTS: ------------- 1. DISTRICT COLLECTOR, MALAPPURAM. 2. REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, PATTAMBI ROAD, PERINTHALMANNA. 3. TAHSILDAR, TALUK OFFICE, NILAMBUR. 4. VILLAGE OFFICER, CHOKAD, CHOKKAD POST, MALAPPURAM DISTRICT. BY GOVT PLEADER SMT. SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 5360 OF 2008 --------------------- Dated this the 18th day of February, 2008 JUDGMENT This writ petition is filed to issue a writ of mandamus directing the respondents not to take any further proceedings pursuant to auction of the right to collect income from the plaint “B” schedule property in OS 81/07 on the file of the Sub court, Manjeri, including conformation of auction and to issue a writ of mandamus or other appropriate writ directing the Sub court, Manjeri, to take up and dispose of Ext.P10. 2. Learned Govt. Pleader on instructions had made me available the proceedings of the District Collector, Malappuram, which shows that the sale conducted has been confirmed. Therefore, the first prayer cannot be granted. So far as the prayer to stay all further proceedings pursuant to auction of the right to collect income till disposal of IA 1132/07 is concerned, the authorities had already confirmed auction and the bidder has deposited the amount. So if any relief has to be claimed in the light of subsequent developments, it is for the petitioners to claim it before the court below. If any amendment is necessary to Ext.P10 application, that may also be done. Thereafter, I direct the court below to dispose of Ext.P10, as expeditiously as possible, within a period of three weeks from today. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps WPC NO 5360/08 2