IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 WP(C).No. 14123 of 2011(M) ---------------------------------- PETITIONER(S): ------------------- P.M. POULOSE, S/O. MATHAI, AGED 49, RESIDING AT PALAKKAPPILLY HOUSE, KADAVANTHRA, ERNAKULAM, COCHIN - 682 010. BY ADV. SRI.SAJI VARGHESE KAKKATTUMATTATHIL RESPONDENT(S): --------------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM DISTRICT. CIVIL STATION, COLLECTORATE, KAKKANAD, PIN - 682 020. 2. VILLAGE OFFICER, ELAMKULAM VILLAGE, ERNAKULAM, COCHIN - 682 020. 3. CORPORATION OF KOCHI, CORPORATION OFFICE, KOCHI, REPRESENTED BY ITS SECRETARY, KOCHI -682 011. 4. HEERA CONSTRUCTIONS PVT. LTD., NATIONAL RESIDENCY BUILDINGS, BANK JUNCTION, EDAPPALLY, ERNAKULAM, KOCHI -682 024 R1 & R2 BY GOVT. PLEADER SRI.P.N.SANTHOSH R3 BY ADV. SRI.RAJU SEBASTIAN VADAKKEKARA,SC,COCHI R4 BY ADV. SRI.K.M.SATHYANATHA MENON THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 14123/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE SALE CERTIFICATE IN FAVOUR OF THE PETITIONER BEARING NO.2489/2010 IN O.A. NO.65/2004 ISSUED BY THE DEBT RECOVERY TRIBUNAL, ERNAKULAM. P2: COPY OF THE ROUGH SKETCH PREPARED BY THE PETITIONER SHOWING THE PROPERTY OF THE PETITIONER AND THE 3RD RESPONDENT. P3: COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 31/03/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No . 14123 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 16th June , 2011 JUDGMENT The petitioner has approached this Court with the following prayers : A. Call for the records and sketch relating to Chilavannor puzha from the 2nd respondent. B. Issue a writ of mandamus or other appropriate writ, direction or order commanding the 1st respondent to take action on Ext.. P3 complaint within a time frame. And C. Such other reliefs which in the circumstances of this case, this Honourable Court deems just and proper. 2. Pursuant to the notice ordered by the special messenger, the 4th respondent has entered appearance and disputed the averments and allegations raised in the writ petition. 3. Considering the facts and circumstances , this Court does not find it necessary to go into the rival contentions; more so since the matter has to be considered by the first respondent at the first instance; before whom Ext. P3 is pending. 4. In the said circumstances, there will be a direction to the first respondent to consider Ext. P3 complaint preferred by the petitioner and pass appropriate orders in accordance with law, after giving an W.P. (C) No. 14123 of 2011 : 2 : opportunity of hearing to the petitioner as well as the affected parties including the 4th respondent, which shall be done, as expeditiously as possible, at any rate, within 'one month' from the date of receipt of a copy of this judgment. It is made clear that, this Court has not expressed anything with regard to the merits of the case and it will be open for the parties concerned to substantiate their case before the first respondent. Petitioner shall produce a copy of this judgment along with copy of the writ petition before the first respondent for further steps. The Writ Petition is disposed of. Sd/- P. R. RAMACHANDRA MENON, JUDGE kmd /True copy/ P.A. to Judge