SHOUKATH Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) LEARNED Government Pleader takes notice for respondent Nos.1 and 2.

(2.) WRIT petitioner is the plaintiff in O.S.No.109 of 2005 of the court of learned Munsiff-Magistrate, Mannarkkad. Issue concerned 30 cents of land out of 2.61 acres in survey 16/1 over which petitioner claimed title and possession and regarding which, respondents say that it was being used as a burial ground of scheduled cast community of the locality even much before petitioner allegedly got title over the property. Petitioner challenged order passed by the District Collector allotting the said 30 cents to the said community for the said purpose in this court in writ petition. This court disposed of the writ petition relegating petitioner to the civil court. Accordingly petitioner filed O.S.No.109 of 2005 but that suit was dismissed. Learned counsel states that the suit was dismissed as not maintainable notwithstanding observations contained in Ext.P2, judgment of this court. Petitioner has applied for certified copy of judgment dated 28-07-2010 but he is yet to get it. In the meantime, respondents are taking hasty steps to measure 30 cents and hand over possession of the same to the panchayath. Petitioner therefore seeks a direction to the learned Munsiff Magistrate, Mannarkkad to issue certified copy of judgment dated 28-07- 2010 and to issue a direction staying all further proceedings for demarcation of the 30 cents and pursuant acts.