IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 WP(C).No. 33993 of 2011(Y) -------------------------- PETITIONER(S): ---------------------- S. THOPPAYYA PILLAI, SELVI NIVAS, V.P. 4/672, NETTIYAM P.O., THIRUVANANTHAPURAM. BY ADV. SRI. PRAVEEN VYASAN RESPONDENT(S): --------------- 1. REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL OFFICER, CIVIL STATION, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM-695043. 2. THE ADDITIONAL TAHSILDAR, TALUK OFFICE, THIRUVANANTHAPURAM-695043. 3. THE SURVEY ADALATH OFFICER, SURVEY OFFICE, VAZHUTHACAUD, THIRUVANANTHAPURAM-695001. 4. SUPERINTENDENT OF SURVEY AND LAND RECORDS, SURVEY OFFICE, VAZHUTHACAUD, THIRUVANANTHAPURAM-695001. BY GOVT. PLEADER SRI. MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PN WP(C).No. 33993 of 2011(Y) APPENDIX PETITIONER(S) EXHIBITS EXT. P1 COPY OF PARTITION DEED DATED 3/7/2004. EXT. P2 COPY OF THE ACKNOWLEDGEMENT RECEIPT ISSUED BY 3RD RESPONDENT OFFICER OF THE APPEAL FILED BY THE PETITIONER. EXT. P3 COPY OF THE REPLY DATED 14/8/2008 ISSUED BY THE 2ND RESPONDENT. EXT. P4 COPY OF THE APPLICATION FILED BY PETITIONER BEFORE THE IST RESPONDENT. EXT. P5 COPY OF THE LOCATION CERTIFICATE DATED 20/8/2004 ISSUED TO THE PETITIONER. EXT. P6 COPY OF THE TAX RECEIPT 25/4/2006 ISSUED TO THE PETITIONER. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P. A. TO JUDGE PN ANTONY DOMINIC, J. --------------------------------------- W.P.(C) No. 33993 of 2011 ---------------------------------------- Dated this the 20th day of December, 2011 JUDGMENT Ext.P2 is an appeal filed by the petitioner before the 3rd respondent complaining of irregularities in resurvey which has been numbered as SA 6849/06 is still pending. The fact that the appeal is pending also mentioned in Ext.P3 communication by the 2nd respondent dated 14.8.2008. In this writ petition what is sought for by the petitioner is a direction to the 3rd respondent to dispose of the said appeal. 2. However, learned Govt. Pleader points out that in Ext.P4, a representation made by the petitioner to the 1st respondent, petitioner stated that a portion of property which was in his name stand assigned in the name of his younger brother. If that be so the petitioner's brother, Mr.S.Pazhania Pillai, also is entitled to be heard when the appeal is considered. 3. In that view I dispose of the writ petition directing that if W.P.C. No. 33993 OF 2011 -2- SA 6849/06 filed by the petitioner before 3rd respondent is still pending, the appeal shall be disposed of with notice to the petitioner and his aforesaid brother. This shall be done, as expeditiously as possible, at any rate, within eight weeks of receipt of a copy of this judgment along with a copy of the writ petition. ANTONY DOMINIC, JUDGE. Kp/-