IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 FAO.No. 323 of 2008 AGAINST THE ORDER DATED 21/11/2008 IN IA 813/2008 IN OS.51/2007 OF SUB COURT,THODUPUZHA APPELLANT: PETITIONER:PLAINTIFF : SUDHEERKUMAR, AGED 46, MANAGING DIRECTOR, M/S. B- SIX M/S.B.SIX HOLIDAY RESORTS (P) LTD., T.C. 15/586, M.P. APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM. BY ADV. SRI.M.R.ANANDAKUTTAN SMT.M.HEMALATHA SRI.R.S.MADHU SRI.MAHESH ANANDAKUTTAN RESPONDENTS:RESPONDENTS: DEFENDANTS: 1. GOVERNMENT OF KERALA, REP. BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM . 2. COMMISSIONER OF LAND REVENUE, OFFICE OF THE LAND REVENUE, PUBLIC BUILDING,THIRUVANANTHAPURAM. 3. DISTRICT COLLECTOR, COLLECTORATE, IDUKKI DISTRICT, KERALA 4. SUB COLLECTOR, OFFICE OF THE SUB COLLECTOR, DEVIKULAM, IDUKKI DIST, KERALA 5. TAHSILDAR, TALUK OFFICE, DEVIKULAM, IDUKKI DISTRICT, KERALA 6. SRI. K. SURESHKUMAR, I.A.S., SPECIAL OFFICER, THE TASK FORCE TO GRAB, GOVT. LAND UNDER TRESPASS, MUNNAR GUEST HOUSE, KERALA STATE. 7. SRI. RISHIRAJ SINGH, I.P.S., I.G OF POLICE, MEMBERS OF THE TASK FORCE, MUNNAR GUEST HOUSE, KERALA. 8. THE MANAGER, KERALA FINANCIAL CORPORATION, THODUPUZHA. R1 TO R5 BY GOVERNMENT PLEADER SRI.MOHAMED ANZAR THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 19/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T.SANKARAN, JJ. ------------------------------------------------------------- F.A.O. NO. 323 OF 2008 ------------------------------------------------------------- Dated this the 19th December, 2008 JUDGMENT Kurian Joseph, J. This is an appeal preferred against the order dated 21.11.2008 in I.A.No.813 of 2008 in O.S.No.51 of 2007, on the file of the Court of the Subordinate Judge, Thodupuzha. As per the order impugned, the court below declined to grant temporary injunction. Aggrieved, the plaintiff/petitioner has come up in appeal. 2. Learned counsel for the appellant submits that if, during the pendency of the suit, the land is distributed, the appellant will be put to severe hardships. We directed the learned Government Pleader to get instruction. Learned Government Pleader, on the basis of the written instruction dated 18.12.2008 of the District Collector, submits that the land involved in this appeal is lying in Aanaviratti Village in Devikulam Taluk and that the said land is not now included in the list of lands proposed for assignment. Therefore, there is no basis for the apprehension of the appellant. F.A.O. NO. 323 OF 2008 :: 2 :: Since that alone being the main submission in the appeal, we do not find it necessary to go into the other contentions raised in the appeal. The appeal is disposed of recording the above submission. (KURIAN JOSEPH) Judge (K.T.SANKARAN) Judge ahz/