IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 20TH AUGUST 2010 / 29TH SRAVANA 1932 WP(C).No. 24785 of 2010(O) -------------------------- PETITIONER/5th DEFENDANT: --------------- RAJAGOPALAN,S/O.NARASIMHAN EMBRANTHIRI, KAROOR MATOM,LOKAMALESWARAM VILLAGE, KODUNGALLUR TALUK. BY ADV. SRI.K.S.BHARATHAN RESPONDENT/PLAINTIFF: --------------- NANDAKUMAR, S/O.KAROOR KAMALAMMA, LOKAMALESWARAM VILLAGE,KODUNGALLUR TALUK. ADV. SRI.K.GOPALAKRISHNA KURUP FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24785 of 2010 APPENDIX PETITIONERS' EXHIBITS: EXHIBIT P1 : PLAINT IN O.S.No.186 OF 2000 ON THE FILE OF THE MUNSIFFS COURT, KODUNGALLUR EXHIBIT P2 : WRITTEN STATEMENT FILED BY THE DEFENDANTS IN EXT.P1 SUIT EXHIBIT P3 : PLAINT IN O.S.No.474/2002 ON THE FILE OF THE MUNSIFFS COURT, KODUNGALLUR EXHIBIT P4 : WRITTEN STATEMENT FILED BY THE DEFENDANTS IN EXT.P3 SUIT EXHIBIT P5 : ORDER DTD. 16.07.2007 PASSED BY the MUSNIFFS COURT, KODUNGALLUR IN EXT.P3 SUIT EXHIBIT P6 : JUDGMENT OF this HON'BLE COURT DTD. 02.07.2008 IN W.P.C.No.26625/2008 EXHIBIT P7 : JUDGMENT OF THIS HON'BLE COURT DTD. 07.02.2007 IN W.P.C.No.4209 OF 2007 EXHIBIT P8 : GOVT. NOTIFICATION No.G.O(MS) 13/2007/RD DTD. 11.01.2007 EXHIBIT P9 : APPLICATION No.C.A.8296/07 FILED BY THE PETITIONER BEFORE THE ADDL. TAHSILDAR, KODUNGALLUR ON 29.11.07 EXHIBIT P10 : APPLICATION FILED BY THE PETITIONER AS IA.No.1380/2010 IN EXT.P1 SUIT ON 29.07.2010 EXHIBIT P11 : OBJECTIONS FILED BY THE COUNSEL FOR the RESPONDENT ON 03.08.2010 ON EXT.P10 APPLICATION EXHIBIT P12 : ORDER PASSED BY MUNSIFF COURT, KODUNGALLUR ON 03.08.2010 ON EXT.P10 APPLICATION, AS WRITTEN DOWN BY THE COUNSEL FOR the PETITIONER. RESPONDENT'S EXHIBITS: NIL True Copy P.A. To Judge THOMAS P JOSEPH, J. ---------------------------------------- W.P.C.No.24785 of 2010 --------------------------------------- Dated this 20th day of August, 2010 JUDGMENT Writ petitioner is the defendant in O.S.No.186 of 2000 of the court of learned Munsiff, Kodungallur filed by the respondent on behalf of a deity for recovery of possession of suit property from petitioner and other reliefs. According to the petitioner, suit property is a inam land as defined in the Kerala Service Inam Land (Vesting and Enfranchisement Act), 1981 (for short, “the Act”) and hence petitioner is not liable to be evicted from the said property. It is stated by learned counsel that suit is posted for trial in the list on 30-08-2010. In the meantime, petitioner has applied to the Additional Tahsildar, Kodungallur under the Act to grant patta in respect of suit property which according to them is inam land and who has been notified as the authority to decide on the grant of patta in respect of the inam land. Learned counsel states that decision of the settlement officer has the force of a decree and once settlement officer decides the issue in favour of petitioner, suit itself cannot be maintained. The settlement officer has taken steps to dispose of the application preferred by petitioners and if the suit is disposed of before decision on the W.P.C.No.24785 of 2010 : 2 : said application petitioner will be put to irreparable loss and injury. Learned Senior Advocate appearing for respondent points out that in Ext.P6, judgment this court has directed that question whether the property involved is inam land or not is to be considered by the trial court on evidence and hence it is not open to the petitioner to argue that until decision of the settlement officer suit is to be kept pending. 2. Learned counsel for petitioner states that petitioner will be seeking appropriate clarification or review in the matter and to facilitate that, requests some time since the suit is coming up for trial in the list on 30-08-2010. Having heard learned counsel for petitioner and learned Senior Advocate for respondent I am inclined to think that trial of the case has to be postponed from 30-08-2010. In the circumstances it is directed that trial of O.S.No.186 of 2000 and connected case (O.S.No.474 of 2002) scheduled to be held on 30-08-2010 shall stand adjourned to a day after two weeks from 30-08-2010. Writ petition is disposed of with the above direction. (THOMAS P JOSEPH, JUDGE) Sbna/-