IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 28754 of 2003(W) -------------------------------------- PETITIONER: ------------------ UNNIKRISHNAN, S/O. MONI, POONTHONI, VADAVANNUR POST, CHITTUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENTS: ---------------------- 1. RESURVEY SUPERINTENDENT, PALAKKAD. 2. THE ASST. DIRECTOR, RESURVEY, PALAKKAD. 3. DY. DIRECTOR, RESURVEY, PALAKKAD. 4. MARIYAMMANKOVIL-TEMPLE COMMITTEE, POONTHONI, VADAVANNUR POST, PALAKKAD DISTRICT, REP. BY ITS PRESIDENT, SRI. RADHAKRISHNAN. GOVERNMENT PLEADER SRI.MOHAMMED ANZAR FOR R1 TO R3 ADV. SRI.P.R.VENKETESH FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 28754/2003-W APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PURCHASE DEED NO.2138/93 OF SRO, KOLLAMKODE. EXT.P2: COPY OF THE POSSESSION CERTIFICATE DATED 26/11/93. EXT.P3: COPY OF THE POSSESSION CERTIFICATE DATED 31/10/95. EXT.P4: COPY OF THE POSSESSION CERTIFICATE DATED 22/04/03. EXT.P5: COPY OF THE BASIC TAX RECEIPT DATED 17/12/98. EXT.P6: COPY OF THE BASIC TAX RECEIPT DATED 25/02/03. EXT.P7: COPY OF THE PETITION DATED 07/07/03. EXT.P8: COPY OF THE ORDER DATED 10/07/03. EXT.P9: COPY OF THE COMMUNICATION DATED 23/07/03. EXT.P10: COPY OF THE PETITION DATED 07/08/03. EXT.P11: COPY OF THE POSTAL ACKNOLEDGMENT CARD. EXT.P12: COPY OF THE POSTAL ACKNOLEDGMENT CARD ISSUED BY THE RESPONDENT NO.3 ON RECEIPT OF EXT.P10. RESPONDENT'S EXHIBITS: EXT.R1(a): COPY OF THE COMPLAINT OF 4TH RESPONDENT DATED 18/04/2002. EXT.R1(b): COPY OF THE REPORT DATED 31/05/2002. EXT.R1(c): COPY OF THE 2ND REPORT OF THE HEAD SURVEYOR. //TRUE COPY// P.A. TO JUDGE Rs/ KURIAN JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P(C).No. 28754 OF 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of September, 2008 JUDGMENT The Writ Petition is filed mainly with the following prayer: “issue a writ of mandamus or other appropriate writ or order or direction directing the respondent No.1 (Respondent No.2 or 3 as the case may be) to dispose of Ext.P10 petition after affording an opportunity of being heard to the petitioner, in a time limit to be fixed by this Hon'ble Court and staying the operation of Ext.P8 in the meantime.” There will be a direction to the 1st respondent/competent authority to consider and dispose of Ext.P10 with notice to the petitioner and 4th respondent and any other effected party, within a period of three months from the date of production of a copy of this judgment. Needless to say that, further proceedings pursuant to Ext.P8 will be subject to the orders to be passed on Ext.P10. (KURIAN JOSEPH, JUDGE) ttb