IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 4TH JANUARY 2010 / 14TH POUSHA 1931 WP(C).No. 35271 of 2009(D) ------------------------------------ PETITIONER: ----------------- A.E.RAMAKRISHNA KURUP, S/O. GOPALAN UNNITHAN, AGED 88 YEARS, AGRICULTURIST, AZHAKATHU BUNGLOW, ERATHU VILLAGE, MANAKALA POST, ADOOR, PATHANAMTHITTA DISTRICT. BY ADV. SRI.B.KRISHNAN SRI.R.PARTHASARATHY RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA, PATHANAMTHITTA. 2. THE DEPUTY SUPERINTENDENT OF POLICE, ADOOR, PATHANAMTHITTA DISTRICT. 3. THE CIRCLE INSPECTOR OF POLICE, KONNI, PATHANAMTHITTA DISTRICT. 4. THE SUB INSPECTOR OF POLICE, KOODAL, PATHANAMTHITTA DISTRICT. 5. KERALA STATE KARSHAKA THOZHILALLY UNION, KODUMON AREA COMMITTEE, REP.BY ITS SECRETARY SRI.S.ACHUTHAN NAIR, KODUMON, KANJOOR VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT. 6. THE STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI. K.SHAJ FOR R5 SRI.SAJJU.S FOR R5 R1, 2,3 & 6 BY G.P. SMT. M.K.PUSHPALATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX (WPC 35271/09) PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE KUTHAKAPATTAM GRANT. EXT.P2: TRUE COPY OF THE NOTICE DATED 27.7.2009. EXT.P3: TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HONOURABLE COURT IN WPC NO.31484/2009 DATED 5.11.2009. EXT.P4: TRUE COPY OF THE NOTICE PUBLISHED BY THE 5TH RESPONDENT DATED 28.11.2009. EXT.P5: TRUE COPY OF THE COMPLAINT FILED BEFORE THE IST RESPONDENT SUPERINTENDENT OF POLICE, PATHANAMTHITTA.. //TRUE COPY// P.R. RAMAN & P.S. GOPINATHAN, JJ. = = = = = = = = = = = = = = = == = = = = W.P.(C) NO. 35271 OF 2009 = = = = = = = = = = = = = = = = = = = = = DATED THIS, THE 4TH DAY OF JANUARY, 2010. J U D G M E N T Raman, J. In the light of the interim orders issued by this Court on 8.12.2009 and 18.12.2009, no further orders are called for. The interim order is made absolute and the writ petition is closed. This is, however, without prejudice to the right of the parties including the Government to take appropriate legal steps known to law in case the property now under dispute belongs to them. However, we make it clear that we have not gone to the merits of the contention regarding as to whether the property in question is a purampoke land or whether it belongs to the petitioner and hence such dispute will be resolved in accordance with law and the same is left open. This is without prejudice to the contentions raised in W.P.(C) 31484/2009 between the parties. P.R. RAMAN, JUDGE. P.S. GOPINATHAN, JUDGE. KNC/-