IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 OP.No. 18185 of 2001(S) ----------------------- PETITIONER: ------------ 1. N. RAGHU RAJAN, AGED 51 YEARS, S/O. NARAYANAN, INDHUVARAM, PANTHRANDUMURI, THATTAMALA P.O., KOLLAM DISTRICT. 2. JAYA KUMAR R., AGED 28 YEARS, S/O. RAMACHANDRAN, KALLUKUNNATHU HOUSE, THATTAMALA P.O., KOLLAM DISTRICT. BY ADV. SRI.SHIBU GEORGE (KOLLAM) RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, KOLLAM. 2. THE BLOCK DEVELOPMENT OFFICER, MUGHARTTALA BLOCK, KOLLAM. 3. THE ASST. ENGINEER, DO. 4. K.S. SOMAN, AGED 64, S/O. KOCHU PILLA, THATHATHU HOUSE, PANTHRANDUMURI, THATTAMALA P.O., KOLLAM. R1 TO R3 BY GOVERNMENT PLEADER THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 04/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX EXT.P1-TRUE COPY OF THE CERTIFICATE ISSUED BY THE BOARD OF CONTROL, KERALA GRANDHA SALA SANGHAM. EXT.P2-TRUE COPY OF THE ANNUAL RETURNS FILED DURING THE YEAR 2000-2001. EXT.P3-TRUE COPY OF THE RECEIPT OF TRANSACTION EVIDENCING PAYMENT DATED 27.10.2000 EXT.P4-TRUE COPY OF THE INTIMATION GIVEN TO THE PETITIONER LIBRARY BY THE 2ND RESPONDENT DATED 10.12.99 EXT.P5-TRUE COPY OF THE PAGES OF LIBRARY BYE LAWS. EXT.P6-TRUE COPY OF THE CERTIFICATE DATED 9.4.2001 EXT.P7-TRUE COPY OF THE REPRESENTATION DATED 2.4.2001. // TRUE COPY // P.S. TO JUDGE T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - O.P.NO.18185 of 2001-M - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of January, 2008. JUDGMENT The petitioner has approached this court mainly for a direction commanding respondents 1 to 3 to release funds as mentioned in Ext.P4 for constructing the new building of the petitioner club. The petitioners contend that even though by Ext.P4 sufficient amounts have been allotted from the funds provided for M.Ps., no action was taken to release the same. Ext.P4 is a communication dated 10.12.1999. 2. Learned Govt. Pleader on instruction, submits that there was a dispute regarding the ownership of the property in which the library was functioning and that was the reason for not disbursing the amount at that time. In the light of the above, this court will not be justified in directing the respondents to release the fund until and unless the dispute regarding the title or ownership is settled in accordance with law. Therefore, the original petition is dismissed. (T.R. Ramachandran Nair, Judge.) kav/ -2- T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - O.P. No.18185 of 2001-M - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 4th January, 2008.