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. 4560 of 2008(P) ------------------------- CMA.32/2007 of DISTRICT COURT, PATHANAMTHITTA OS.70/2007 of MUSNIFF COURT, ADOOR (IA.367/2007) .................... PETITIONER/APPELLANT: ------------ MATHAI RAJAN, S/O.M.MATHAI, RESIDING AT VALLITHUNDIL PEEDIKAYIL HOUSE, KADAMPANADU SOUTH MURI, KADAMPANADU VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.VINOD RAVINDRANATH SRI.T.KRISHNAN UNNI (SENIOR) RESPONDENTS/COUNTER PETITIONERS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REVENUE DIVISIONAL OFFICER, R.D.O. OFFICE, ADOOR VILLAGE, ADOOR TALUK, PATHANAMTHITTA. 3. THE TALUK TAHSILDAR, ADOOR, TALUK OFFICE, ADOOR VILLAGE, ADOOR TALUK, PATHANAMTHITTA. 4. THE ADDITIONAL TALUK TAHSILDAR, ADOOR, TALUK OFFICE, ADOOR VILLAGE, ADOOR TALUK, PATHANAMTHITTA. BY GOVERNMENT PLEADER, SRI.R.BINDU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 4560 OF 2008 = = = = = = = = = = = = = = = Dated this the 12th day of March, 2008. J U D G M E N T This writ petition is preferred against the order of dismissal for prayer of injunction by the lower Court and confirmed by the District Judge in CMA 32/07. The Courts below disposed of the matter on the ground that the suit is not maintainable in the light of the provisions contained in the Land Conservancy Act. I feel it is desirable that as some facts also may be necessary to decide that question to direct the Court to consider the entire matter and dispose of the suit itself if possible before the Court closes for summer holidays. 2. The Government Pleader has brought to my notice that there is some law and order problem on account of this case and therefore I feel that the Court should be given direction to bestow its best attention and see that the suit is listed and disposed of at the earliest. Suppose the W.P.C 4560 OF 2008 -:2:- building is permitted to be demolished then the subject matter of the suit itself will become infructuous and therefore till such a decision is taken there need not be any demolition of the structures and I direct the Court below to try positively to dispose of the matter on or before 10.4.2008. 3. I make it clear that while trying and disposing the matter the Court shall not be influenced by any of the observations made in this judgment or in the judgment of the appellate court. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-