IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 24TH MARCH 2011 / 3RD CHAITHRA 1933 WP(C).No. 7192 of 2011(Y) ------------------------- PETITIONER(S): --------------- ZAINABA, W/O.KURIKALAKATH ABDUL HAJI KALPAKANCHERY. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. THE KALPAKANCHERY GRAMA PANCHAYATH KALPAKANCHERY MALAPPURAM DISTRICT REPRESENTED BY ITS SECRETARY PIN 676 551. BY GOVERNMENT PLEADER SMT. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jma C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 7192 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of March, 2011 J U D G M E N T This writ petition has been filed mainly with a prayer to quash Ext.P5 and to declare that in view of Ext.P1 order of the District Court, Manjeri no fresh sanction is to be obtained for sale of land and building therein of 16.5 cents comprised in Re-survey No.454/1,2,3 of Kalpakanchery Village. Further prayer is for issuance of a writ of mandamus commanding the second respondent to complete the sale transaction and to allow the petitioner to execute the document of sale before 31.3.2011. Ext.P1 is a copy of the order dated 16.1.2008 in OP(Guardian & Wards) No.257/07 and the said petition was allowed. As per the same, the first petitioner viz., the petitioner herein was appointed as a guardian of the minors Naseeba and Fathima Shabeeba and permission was granted to the petitioner herein to effect sale of the share of the minors over 16.5 cents of property in which the school building is situated to Kalpakanchery Grama Panchayat. First petitioner is directed to deposit Rs.42,180/- each in the name of minors in fixed deposit in any nationalised WPC.No.7192/2011 : 2 : bank till the minors attain majority and to produce the fixed deposit receipts in court within two weeks after executing the sale deed. The first petitioner is directed to execute the sale deed within three months from this date. Evidently, as per Ext.P1 the first petitioner was directed to execute the sale deed within 3 months from the date of Ext.P1, ie., 16.1.2008. Later, Government call for a report from the District collector and Ext.P2 is the report submitted by the District Collector pursuant to the said direction. Later, as per Ext.P3 Government accorded sanction to purchase 16.5 cents of property and the school building standing thereon. Ext.P3 is dated 1.10.2010. Evidently, funds are also alloted for purchase of the said building and the property as is obvious from Ext.P4. The petitioner is presently aggrieved by Ext.P5. As per Ext.P5 the second respondent required the petitioner to obtain fresh orders from District Court Manjeri. Obviously, said request was made taking note of the time stipulated as per Ext.P1. The concern of the petitioner is that in case of further delay in the matter it might result in lapse of the fund already alloted for the aforesaid purpose. 2. When this matter is taken up for consideration today, the learned Government Pleader, on instruction submitted WPC.No.7192/2011 : 3 : that funds would not be lapsed. It is because as is obvious from Ext.P4 it is the panchayat's own fund. The above submission is recorded. In view of the said position, there cannot be any basis for apprehension. The learned counsel for the petitioner submitted that for the purpose of getting enlargement of time stipulated as per Ext.P1 the petitioner has already approached the District Court Manjeri. Taking into account the said circumstances this writ petition is disposed of as hereunder:- On obtaining the enlargement of time stipulated as per Ext.P4 it will be open to the petitioner to approach the second respondent for the purpose of execution of the sale deed in terms of Ext.P1. Subject to the order to be passed in the original petition already filed before the District Court Manjeri the respondents shall take appropriate steps properly for executing the sale deed. Disposed of accordingly. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge