IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 WP(C).No. 9371 of 2009(N) ------------------------- PETITIONER(S): --------------- 1. A.THANKACHAN, S/O.PALAN AZHAKAN, KARAMMEL HOUSE, L.M.S.PUTHUVAL, PEERMADU, IDUKKI DISTRICT. 2. KUMARY, D/O.LATE PALAN AZHAKAN, KARAMMEL HOUSE, L.M.S.PUTHUVAL, PEERMADU, IDUKKI DISTRICT, PRESENTLY RESIDING AT CHENNARVELIL HOUSE, KULIYETTIKKARA, ERNAKULAM DISTRICT. BY ADV. SRI.K.N.CHANDRABABU RESPONDENT(S): --------------- 1. THE VILLAGE OFFICER, VILLAGE OFFICE, PEERMADU. 2. PEERMADU GRAMA PANCHAYATH, PEERMADU, IDUKKI DISTRICT. 3. M/S.GLEN TEA FACTORY, GLEN MARY KARA, PEERMADU, IDUKKI DISTRICT, REPRESENTED BY IT'S MANAGING PARTNER, P.M.BABU. BY GOVT. PLEADER SRI. M.P.SREEKRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.9371 OF 2009 ------------------------ Dated this the 24th day of March, 2009. JUDGMENT Ext.P8 order passed by the first respondent is under challenge. Petitioners submit\ that in respect of their property, they applied for a possession certificate from the first respondent, for producing the same before the 2nd respondent. It is stated that the application made has been rejected as per Ext.P8 order dated 9.3.2009 on the ground that O.S.No.100/2007 filed by the 3rd respondent is pending before the Sub Court, Kattappana. Learned counsel for the petitioner submits that the suit is filed for recovery of money and that irrespective of the pendency of the suit, so long as the petitioners are in possession of the property they are entitled to be issued possession certificate and location sketch. WP(c).No.9371/09 2 2. I heard the Government Pleader also. 3. The application made by the petitioners is for possession certificate and for a location sketch. According to the petitioners they are in possession of the land and therefore irrespective of the pendency of the suit they are entitled have the certificate and the sketch issued. 4. If as stated by the petitioners, they are in actual possession of the land in respect of which the application is made, irrespective of the pendency of the suit, on verifying the said fact, if it is found to be correct, the 2nd respondent is liable to issue certificate to that effect. 5. Accordingly, the writ petition is disposed of directing the respondents to verify whether the petitioners are in actual possession of the land covered, in respect of which, application for possession certificate is made and if found to be correct to issue the certificate to that effect. Further the location sketch applied for by the petitioners shall also be issued. WP(c).No.9371/09 3 Taking into account the submission made by the counsel for the petitioners that the benefit of the scheme, which they intend to claim is to expire on 31st March, it is directed that final orders on the application will be passed before the 30th of this month. Petitioner shall produce a copy of the judgment before the 2nd respondent for compliance. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.9371/09 4