IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 WP(C).No. 19936 of 2011(N) ---------------------------------------- PETITIONER(S): ------------------------ VINOD KUMAR.C.C, S/O.CHELLAPPAN,AGED 55 YEARS,'ASWATHY',THARAYIL JUNCTION,PADA-SOUTH KARUNAGAPPALLY VILLAGE,KARUNAGAPPALLY TALUK, KOLLAM DISTRICT,PIN 690 518. BY ADV. SRI.P.V.VENUGOPAL RESPONDENT(S): --------------------------- 1. THE PATHANAMTHITTA DISTRICT CO-OPERATIVE BANK,REP.BY ITS SECRETARY,PATHANAMTHITTA.PIN-689 645 2. THE PATHANAMTHITTA DISTRICT CO-OPERATIVE BANK,REP.BY ITS BRANCH MANAGER, KOODAL BRANCH.PIN-689 645 3. VILLAGE OFFICER, KARUNAGAPPALLY, PIN- 690 518. 4. S.VINOD, 'ASWATHY BHAVAN', PADAYANIKULANGARA,KARUNAGAPPALLY,PIN 690 518. R1 & R2 BY ADV.SRI.P.C.SASIDHARAN,SC R3 BY GOVERNMENT PLEADER SRI.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.19936/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE SALE DEED NO.3372/2002 DATED 2/12/2002 OF S.R.O. KARUNAGAPPALLY. P2 COPY OF THE RELEVANT PAGE OF THE PASSPORT IN THE NAME OF THE PETITIONER BEARING NUMBER E 4478342. P3 COPY OF THE COMPLAINT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT AT PATHANAMTHITTA DATED 7/11/2007. P4 COPY OF THE NON-ENCUMBRANCE CERTIFICATE PERTAINING DATED 18/4/2011 ISSUED BY S.R.O. KARUNAGAPPALLY. P5 COPY OF THE REPRESENTATION DATED 26/4/2011 VILLAGE OFFICER KARUNAGAPPALLY. P6 COPY OF THE TAX RECEIPT AS ON 16/4/2011 PROVISIONAL ISSUED BY VILLAGE OFFICER KARUNAGAPPALLY. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 19936 OF 2011 ----------------------------------------------------- Dated this the 18th day of August , 2011 J U D G M E N T Petitioner claims to be the owner of a property situated in R.Sy.No.398/12/4 and 398/12/6 in block No.10 of Karunagappally Village. According to the petitioner, he came to know from the I.C.I.C.I.Bank, Karunagappally to which the property is mortgaged that it has been attached by the Revenue Authorities pursuant to the order passed by the Judicial First Class Magistrate, Pathanamthitta in C.C.2253/07. According to the petitioner he is not a party to any such litigation and there is no occasion for any such order of attachment. 2. Since the Bank demanded the petitioner to produce the possession certificate, location sketch etc. he made Ext.P5 application and the 3rd respondent did not take any action on such application also. It is with this complaint this writ petition has been filed. W.P.(C) No. 19936 OF 2011 :2 : 3. Heard the counsel for respondents 1 and 2. The learned Government Pleader has obtained instructions in the matter and submits that respondents 1 and 2 had initiated proceedings before the Judicial Magistrate of First Class, Pathanamthitta and that pursuant to the orders passed by the said court, on an erroneous identity of the property, proceedings were initiated against the property of the petitioner. It is stated that subsequently realizing the mistake committed, the same has been rectified and tax has been accepted from the petitioner. 4. Thus from the submissions made by the learned Government Pleader itself it is evident that the mistake committed by the 3rd respondent has been rectified and therefore there is no surviving grievance for the petitioner. 5. However, in so far as the petitioner's grievance that the 3rd respondent has not taken any action on Ext.P5 application made by him, justification offered by the W.P.(C) No. 19936 OF 2011 :3 : Government Pleader is that Ext.P5 was not acted upon for the reason that the petitioner had already obtained such documents and that on the strength of which, the petitioner has already availed of a loan. Even if the submissions made by the learned Government Pleader is factually right, in my view, that cannot be a reason to refuse possession certificate or location sketch to the petitioner. Therefore I dispose of the writ petition directing that on production of a copy of this judgment, orders on Ext.P5 will be passed as expeditiously as possible at any rate within four weeks thereafter. ANTONY DOMINIC, JUDGE ul/-