IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 RP.No. 1251 of 2007(N) ---------------------- AGAINST THE JUDGEMENT IN WPC.26180/2007 DT.3.12.2007 .................... REVIEW PETITIONER/PETITIONER IN WRIT PETITION: --------------------------------------------------------------- SUKUMARAN, S/O. VELAYUDHAN, PUTHENPURACKAL HOUSE, MUTTUCHIRA VILLAGE,KOTTAYAM. BY ADV. SRI.A.K.HARIDAS RESPONDENTS/RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIATE,THIRUVANANTHAPURAM. 2. SUB INSPECTOR OF POLICE, KADUTHURUTHY POLICE STATION, KOTTAYAM. 3. VINODAN, S/O. VELAYUDHAN, PUTHENPURACKAL HOUSE, MUTTUCHIRA VILLAGE,KOTTAYAM. BY ADV.SRI.S.ANANTHAKRISHNAN GOVT. PLEADER SRI.BENJAMIN PAUL THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 19/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.BALAKRISHNAN NAIR & K.P.BALACHANDRAN, JJ. ----------------------------------------- R.P. NO.1251/2007 IN W.P.(C) NO. 26180 OF 2007-N ----------------------------------------- Dated 19th March, 2008. ORDER Balakrishnan Nair, J. Heard. Going by the materials on record, including Ext.P1 judgment, the petitioner has started the construction of his residential building not only in item No.2 of the schedule to Ext.P1, but also extending to item No.1. Though the portion in which the petitioner has started the construction has been directed to be allotted to him in the preliminary decree, the final decre passed by the Munsiff's Court has been stayed by the District Court. Therefore, the share is yet to be finally allotted to him. In view of the above factual position, the Review Petition is ill-conceived. Accordingly, it is dismissed. We reiterate that the petitioner can move the civil court for RP 1251/2007 2 appropriate reliefs to redress his grievances. K.BALAKRISHNAN NAIR, JUDGE. K.P.BALACHANDRAN, JUDGE. Nm/