IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 WP(C).No.34569 of 2008 (M) ---------------------------------- OS.996/2008 of SUB COURT,ERNAKULAM .................... PETITIONER: --------------- KUNJUMEETHIEN, AGED 56, S/O.MUHAMMADALI, MUNDAMTHURUTHIL HOUSE, KUMBALAM DESOM, KANAYANNUR TALUK. BY ADV. SRI.N.RATHEESH SMT.SUMA RATHEESH RESPONDENTS: ------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE COMMISSIONER & SECRETARY TO GOVERNMENT, LAND REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ERNAKULAM DISTRICT, KAKKANAD, ERNAKULAM. 3. THE TAHSILDAR (RR), KANAYANNUR TALUK, ERNAKULAM. 4. SHEELA WILLIAM, AGED ABOUT 47, D/O.CHARLES, BUILDING BEARING NO.V/333, EZHUPUNNA. 5. XAVIER WILLIAM, AGED ABOUT 58, S/O.THOMAS, RESIDING AT VAREKAT HOUSE, PONNURUNNI, VYTTILA, ERNAKULAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. -------------------------- W.P.(C)No.34569 of 2008 M -------------------------- JUDGMENT Heard counsel for the petitioner and the learned Government Pleader for respondents 1 to 3. 2. Having heard both sides, I am of the view that there is limited scope for this Court to interfere in the matter when the suit is pending before the Sub Court, Ernakulam and an injunction petition is also filed therein restraining sale in revenue recovery proceedings. 3. In the result, I order that till Exhibit P14 injunction petition filed in O.S.No.996/08 on the file of the Sub Court, Ernakulam is disposed of passing orders one way or the other, revenue sale pursuant to Exhibit P12 shall stand stayed. Government Pleader to communicate this direction to the concerned authorities forthwith, as it is submitted that the sale is posted to this day by noon. If the sale has already taken place by 10.45 a.m. today, when this judgment is pronounced, WPC 34569/08 2 confirmation of sale shall be kept in abeyance till the disposal of the injunction petition in O.S.No.996/08 aforesaid. This writ petition is disposed of with the above directions. 25th November, 2008 (K.P.Balachandran, Judge) tkv