IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 WP(C).No. 30356 of 2006(L) -------------------------- OS.175/2006 of MUNSIFF COURT,ALUVA .................... PETITIONER: ------------ ARIF, S/O.ABDUL AZEEZ, MANADATH HOUSE, ZAMA GARDEN, AMBUNAD KARA, KIZHAKKAMBALAM, ERNAKULAM DISTRICT. BY ADV. SRI.T.KRISHNAN UNNI RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM. 2. TAHSILDAR, ALUVA, ERNAKULAM. 3. VILLAGE OFFICER, ALUVA EAST, ERNAKULAM. 4. P.A.ANWAR, S/O.ABOOBACKER, PUTHAN PURAYIL, (NEAR) MAHILALAYAM JUNCTION, ALUVA, ERNAKULAM DISTRICT. *5. KUNJUMUHAMMAD S/O. LATE ABOOBACKER @ AVUKKAR PUTHANPURAYIL HOUSE, THOTTUMUGHAM NEAR MAHILALAYAM JUNCTION, ALUVA ERNAKULAM DISTRICT. ADDL R5 IS IMPLADED AS PER ORDER DT. 17.1.07 IN IA 640/07 BY GOVT. PLEADER SMT. R.BINDU R4 & R5 BY ADV. SRI.P.K.NISHAD (PUZHITHARA) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO 30356/06 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. COPY OF THE PLAINT IN OS 175/06 ON THE FILE OF THE COURT OF MUNSIFF, ALUVA, DT. 7.4.06 EXT.P2. COPY OF THE ORDER OF INJUNCTION IN OS 175/06 DT. 10.4.06 EXT.P3. COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONER IN IA 995/06 IN OS 175/06 DT. 25.5.06 EXT.P4. COPY OF THE APPLICATION FILED BY THE PETITIONER ON 25.5.06 IN OS 175/06 EXT.P5. COPY OF THE NOTICE DT. 25.7.06 /TRUE COPY/ PA TO JUDGE. M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 30356 OF 2006 --------------------- Dated this the 12th day of March, 2008 JUDGMENT This writ petition is filed with a prayer to issue a writ of mandamus or prohibition directing the 2nd respondent not to proceed with the enquiry in pursuance to Ext.P5 notice till OS 175/06 on the file of the court of the Munsiff, Aluva, is finally disposed of. 2. The suit is filed by the 4th respondent. As per Ext.P5 notice, the Tahsildar has directed the writ petitioner herein to appear with the document to consider the application filed by the 4th respondent herein. The matter in controversy is with respect to the right and entitlement over the property. Learned counsel for the respondents submit that on the basis of some documents, tax is paid for defeating the real interest of the 4th respondent. Therefore he has filed an application before the Tahsildar to cancel it. It is in that application a notice is issued to the writ petitioner, who has come to this court for staying further proceedings in pursuance to Ext.P5 notice. When a complaint is levelled, being a statutory authority, the 2nd respondent is bound to proceed with the matter. But when the WPC NO 30356/06 2 Tahsildar feels that the matter involved is under consideration of a civil court, he can direct the parties to wait till a decision is rendered by the civil court. 3. Therefore, I dispose of the writ petition giving liberty to the Tahsildar to proceed with the matter or to wait till a decision is taken in the civil suit. After considering the rival submissions made by both parties before him, if he finds it difficult to resolve the controversy by himself without a valid decree of a civil court, he can direct the parties to wait till then. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps WPC NO 30356/06 3 WPC NO 30356/06 4