IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 WP(C).No. 25379 of 2008(U) --------------------------------------- PETITIONER(S): ----------------------- 1. VELAYUDHAN P.K., S/O KAMAN, AGED 55 CHERINGALPARAMBU, PERINKUNNU, KUZHALMANNAM, ALATHUR TALUK, PALAKKAD DISTRICT. 2. NARAYANAN, S/O KAMAN, DO....DO.... BY ADV. MR.P.R.VENKETESH RESPONDENT(S): --------------------------- 1. TAHSILDAR, ALATHUR, PALAKKAD DISTRICT. 2. VILLAGE OFFICER, KUZHALMANNA -II, VILLAGE, PALAKKAD DISTRICT. 3. SECRETARY, KUZHALMANNAM GRAMA PANCHAYATH PALAKKAD DIST. 4. ASST. EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, KUZHALMANNA, ALATHUR PALAKKAD DISTRICT. 5. RAJAGOPALAN, S/O KAMAKSHY AMMA, CHURATHIL HOUSE, POOPULLYKADA, CHITHALI P.O., ALATHUR, PALAKKAD DISTRICT. BY GOVT. PLEADER MR.I.V.PRAMOD BY ADVS.MR.N.RAGHURAJ FOR R3 MR.A.V.RAVI FOR RR3 SMT.K.AMMINIKUTTY FOR R3 MR.P.P.THAJUDEEN, SC, K.S.E.B FOR R4 MR.S.M.PREM FOR R5 SMT.K.P.SANTHI FOR R5 MR.P.RAMACHANDRAN (PALAKKAD) FOR R5 MR.P.K.NIJOY FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.25379/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PURCHASE CERTIFICATE ISSUED IN THE NAME OF THE PETITIONERS' FATHER KAMAN, DT. 8.4.76. P2:- COPY OF THE HOUSES OF PETITIONERS 1 AND 2 RESPECTIVELY. RESPONDENT'S EXHIBITS R5(a):- COPY OF THE PLAINT IN OS. NO.114/2006 FILED BY THIS RESPONDENT BEFORE THE MUNSIFF COURT, ALATHUR. R5(b):- COPY OF THE WRITTEN STATEMENT DT. 18.7.06 IN OS. NO.114/06 FILED BY THE PETITIONERS BEFORE THE MUNSIFF'S COURT, ALATHUR. R5(c):- COPY OF THE DOCUMENT NO.125/1956 OF S.R.O. COYALMANNAM. R5(d):- COPY OF THE EXTRACT OF THE BASIC TAX REGISTER IN RESPECT OF THIS RESPONDENT'S PROPERTY MAINTAINED IN THE COYALMANNAM -II VILLAGE OFFICE. TRUE COPY P.A. TO JUDGE TSS ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.25379 of 2008 --------------------------------- Dated, this the 2nd day of June, 2009 J U D G M E N T The basic grievance of the petitioners is regarding the delay in supplying electrical energy from the 4th respondent. According to the petitioners, in respect of 4.05 ares of land comprised in Survey Nos.56/08 & 56/7 of Kuzhalmannam Village, Ext.P1 purchase certificate was issued to their father. On the death of their father, the land devolved to the petitioners, where they say that they have constructed a house. It is stated that in the meanwhile, the 5th respondent filed a suit before the Munsiff Court, Alathur, as O.S.No.114/2006, a copy of the plaint is Ext.R5(a), and the prayer was to set aside Ext.P1 purchase certificate and to recover the possession of the land from the petitioners. It is stated that after completing the construction of the house, they made application before the 2nd respondent for a possession certificate for producing the same before the 3rd respondent in order to obtain an ownership certificate, for the purpose of producing the same before the 4th WP(C) No.25379/2008 -2- respondent along with an application for availing of electric connection. It is stated that in view of the pendency of the suit, O.S.114/2006, the 2nd respondent declined to issue possession certificate, as a result of which, the petitioners could not proceed with the matter before the Panchayat or the 4th respondent. It is in these circumstances, the writ petition has been filed praying to compel the respondents to issue possession certificate and ownership certificate and also for directing the 4th respondent to supply power to the building constructed by them. 2. During the pendency of the writ petition, by decree and judgment rendered on 30/01/2009, the petitioners submit that the Munsiff Court, Alathur has dismissed the suit. As already stated, according to the petitioners, the only reason for the 2nd respondent to decline possession certificate was the pendency of the suit. If that be so, now that the suit has been dismissed, there is no reason why the 2nd respondent should not consider on merits the application for possession certificate. The petitioners also submit that a copy of the judgment has already been produced before the 2nd respondent and that in spite of it, the 2nd respondent has not taken a final decision on the application made by them. 3. Taking into account the submissions thus made, I WP(C) No.25379/2008 -3- dispose of the writ petition with the following directions:- That on the production of a copy of this judgment, the 2nd respondent shall consider the application made by the petitioners for issue of possession certificate in respect of the land covered by Ext.P1 purchase certificate in the light of the judgment/decree rendered by the Munsiff Court, Alathur in O.S.No.114/2006. Orders as above shall be passed as expeditiously as possible, at any rate, within ten days of production of a copy of this judgment. 4. It is directed that once the possession certificate is issued in pursuance to this judgment, it will be open to the petitioners to produce the same before the 3rd respondent, who in turn shall consider the petitioners' request for the issue of ownership certificate. Once the petitioners are issued with all the required documents, it will be open to the petitioners to move the 4th respondent, who shall do the needful in the matter without further delay. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg