IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 17TH JUNE 2011 / 27TH JYAISHTA 1933 WP(C).No. 16250 of 2011(E) -------------------------- PETITIONER: --------------- NAZAR, S/O. HAMSA, AGED 38 YEARS, PUTHANPEEDIKAYIL HOUSE, THIRUMITTAKODU POST, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SMT.T.D.RAJALAKSHMI SRI.R.SREEHARI RESPONDENTS: --------------- 1. THE TAHSILDAR, TALUK OFFICE, OTTAPALAM-678 101. 2. THE VILLAGE OFFICER, THIRUMITTAKODU I VILLAGE, OTTAPALAM TALUK. 3. THE TALUK SURVEYOR (LRM SECTION), OFFICE OF THE TALUK SURVEYOR, OTTAPALAM-678 101. BY SR. GOVERNMENT PLEADER ADV. MR. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16250 of 2011(E) APPENDIX PETITIONER'S EXHIBTS: EXT.P1 : PHOTOCOPY OF THE SALE DEED NO. 4449/08 DATED 4.9.2008 OF SRO TRITHALA. EXT.P2 : PHOTOCOPY OF THE BASIC TAX RECEIPT DT. 21.11.2005 1 ISSUED BY THE 2ND RESPONDENT. EXT.P3 : PHOTOCOPY OF THE REPRESENTATION DT. 23.07.2008 FILED BEFORE THE 1ST RESPONDENT. EXT.P4 : PHOTOCOPY OF THE REPRESENTATION DT. 29..10.2010 FILED BEFORE THE 1ST RESPONDENT. EXT.P5 : PHOTOCOPY OF THE JUDGMENT IN W.P.(C)NO .34430/2010 DTD.16.11.2010 EXT.P6 : PHOTOCOPY OF THE DETAILS OF THE EXCESS LAND IN SY.NO. 275 OF THIRUMITTAKOPDE I VILLAGE PREPATED BY ADDL. TAHSILDAR (TRANSFER OF REGISTRY) OTTAPPALAM WITH PLAN. EXT.P7 : PHOTO COPY OF PROCEEDINGS NO.B.1.35354/9/400/2010 DATED 8.5.2011 OF THE 1ST RESPONDENT. EXT.P8 : PHOTOCOPY OF THE LETTER DATED 7.4.2011 ENCLOSING THE REPORT OF THE 3RD RESPONDENT DATED 10.1.2011 SENT BY THE PUBLIC INFORMATION OFFICER, TALUK OFFICE, OTTAPPALAM. EXT.P9 : PHOTOCOPY OF THE REPORT DT. 3.11.2010 OF THE SECOND RESPONDENT TO THE 1ST RESPONDENT. /TRUE COPY/ P.S. TO JUDGE. P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 16250 OF 2011 ......................................................................... Dated this the 17th June , 2011 J U D G M E N T The petitioner has approached this Court with the following prayers: “(a) Issue a writ of certiorari or other appropriate writ, order or direction, calling for the records leading to Exhibit P7 order and to quash the same; (b) Issue a writ of Mandamus or other appropriate writ, order or direction, directing the first respondent to re-consider the matter afresh and to pass orders on merit considering Exhibit P6 and if necessary after survey and demarcation of the property through the 3rd respondent, within a specified period; © Grant such other reliefs as this Hon'ble Court may deem fut and proper in the facts and circumstances of the case. ” 2. Heard the learned Government Pleader, who submits that the impugned order passed by the first respondent is W.P.(C) No. 16250 OF 2011 2 appealable by filing necessary proceedings before the Revenue Divisional Officer. 3. The learned counsel for the petitioner submits that the petitioner would like to withdraw the writ petition to pursue the statutory remedy without prejudice to the contentions raised in the writ petition. Accordingly, permission sought for is granted, with liberty as above. The writ petition is dismissed as withdrawn. P.R. RAMACHANDRA MENON, JUDGE. lk