IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 WA.No. 2800 of 2009(S) ---------------------- AGAINST THE ORDER IN WPC.33434/2009 DATED 03/12/09 .................... APPELLANTS/RESPONDENTS 1 & 2 IN WPC: ----------------------------------------------- 1. STATE OF KERALA, REGISTRATION DEPARTMENT, REP. BY THE SECRETARY,SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUB REGISTRAR, SUB REGISTRAR'S OFFICE, THRIPUNITHURA. BY SENIOR GOVERNMENT PLEADER, SRI.P. NANDAKUMAR. RESPONDENT/PETITIONER IN WPC: --------------------------------------- P.R. BHASKARAN, THRIKKATHARA PARAMBU, IRIMPANAM P.O., THRIPUNITHURA, PIN : 672 309. BY ADV. SRI. DEVAN RAMACHANDRAN. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 2800 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of December, 2009 JUDGMENT S.R.Bannurmath, C.J. This appeal is filed challenging the interim order granted by a learned Single Judge of this Court on 03.12.09 directing respondent No.2 to register the original of Ext.P3 draft sale deed on presentation for registration by the vendor if it is otherwise in order. 2. The respondent/petitioner has approached this Court seeking mandamus with a direction to respondent No.2 to register the sale deed executed by the petitioner covered under Ext.P1 Patta. It is stated by the appellant that this sale itself is in question in view of the amendment to the Kerala Land Assigning Rules and whether it is prospective or retrospective. 3. Without going into the merits of either side contention, suffice it to note that practically the learned Single Judge, by way of interim order, has granted the entire main relief asked by the petitioner which in our view is not WA No. 2800 of 2009 -:2:- proper. If the learned Single Judge was of the opinion that the amended Rules are not applicable, he should have proceeded to consider the matter on merits and then if satisfied as to the petitioner's case, final relief has to be granted instead of the interim relief which is now granted. In that view of the matter, it appears to us that learned Single Judge was not justified in granting interim relief which is the final prayer itself. As such, we set aside the interim order of the learned Single Judge with liberty to the appellant to file its counter within one week. Learned Government Pleader undertakes to file the counter affidavit within a week. In view of the peculiar facts and circumstances and the alleged difficulties faced by respondent No.1, we request the learned Single Judge to dispose of the Writ Petition itself as expeditiously as possible, on or before 23.12.2009. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb/vku.