IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 3RD AUGUST 2010 / 12TH SRAVANA 1932 WP(C).No. 23995 of 2010(O) -------------------------- OS.109/2005 of MUNSIFF MAGISTRATE COURT,MANNARKAD .................... PETITIONER: --------------- SHOUKATH, S/O.LATE SAIDALI, AGED 41 YEARS, RESIDING AT VETTIKADAN HOUSE, PALLIKURUPPU P.O., MANNARKAD TALUK. BY ADV. SRI.V.M.KURIAN SRI.MATHEW B. KURIAN SRI.K.T.THOMAS RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR,PALAKKAD 678 582. 2. THE TAHSILDAR, MANNARKAD TALUK, PALAKKAD DISTRICT, PIN 678 582. 3. THE SECRETARY, KARAKURISSI GRAMA PANCHAYATH, KARAKURISSI P.O., PALAKKAD DISTRICT- 678 595. 4. KUNJAN, S/O.CHATHAN, KUNTHAMPADAM, PALLIKURUPPU P.O., KARAKURISSI VILLAGE, MANNARKAD TALUK, PIN 678 593. 5. PALAN, S/O.KUNCHIEKKAN, KARAKURISSI, PALLIKURUPPU P.O., KARAKURISSI VILLAGE, MANNARKAD TALUK, PIN 678 593. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- W.P.C.No.23995 of 2010 --------------------------------------- Dated this 03rd day of August, 2010 JUDGMENT Learned Government Pleader takes notice for respondent Nos.1 and 2. 2. Writ petitioner is the plaintiff in O.S.No.109 of 2005 of the court of learned Munsiff-Magistrate, Mannarkkad. Issue concerned 30 cents of land out of 2.61 acres in survey 16/1 over which petitioner claimed title and possession and regarding which, respondents say that it was being used as a burial ground of scheduled cast community of the locality even much before petitioner allegedly got title over the property. Petitioner challenged order passed by the District Collector allotting the said 30 cents to the said community for the said purpose in this court in writ petition. This court disposed of the writ petition relegating petitioner to the civil court. Accordingly petitioner filed O.S.No.109 of 2005 but that suit was dismissed. Learned counsel states that the suit was dismissed as not maintainable notwithstanding observations contained in Ext.P2, judgment of this court. Petitioner has applied for certified copy of judgment dated 28-07-2010 but he is yet to get it. In the meantime, W.P.C.No.23995 of 2010 : 2 : respondents are taking hasty steps to measure 30 cents and hand over possession of the same to the panchayath. Petitioner therefore seeks a direction to the learned Munsiff Magistrate, Mannarkkad to issue certified copy of judgment dated 28-07- 2010 and to issue a direction staying all further proceedings for demarcation of the 30 cents and pursuant acts. 3. Learned Government Pleader after getting instruction from respondent Nos.1 and 2 has submitted that the Tahsildar, Mannarkkad after measurement of the disputed plot has taken possession of the said plot on 29-07-2010 but it has not been handed over to the panchayath concerned. Having regard to the circumstances of the case and nature of the contention advanced by petitioner, it is only appropriate that the Tahsildar kept the disputed property in his possession for the time being. Writ petition is disposed of in the following lines: (i) Learned Munsiff-Magistrate, Mannarkkad is directed to issue certified copy of judgment and decree dated 28-07-2010 in O.S.No.109 of 2005 as expeditiously as possible and at any rate within thirty (30) days from the receipt of a copy of this judgment if such copy is applied for as provided under law. W.P.C.No.23995 of 2010 : 3 : (ii) The Tahsildar, Mannarkkad is directed not to hand over possession of the disputed property to the panchayath for a period of 45 days from this day or till the appellate court passed appropriate orders in the matter, whichever is earlier. (THOMAS P JOSEPH, JUDGE) Sbna/-