ABDU RAHIM Vs. TAHSILDAR ERNAD

JUDGEMENT

(1.) THE petitioner is seeking for a direction to the first respondent to hear and pass orders on Ext.P6 as well as on petition No.B-2-22226/2012 filed by the third respondent.

(2.) IT is claimed that the petitioner, his brothers and sisters were in absolute possession and ownership of 5.5 acres of property in various survey numbers shown in paragraph 1 of the writ petition. The property originally belonged to the father of the petitioner and petitioner's paternal uncle who claimed possession as per partition deed No.976/1956 of Areacode Sub Registrar's office. After the death of the petitioner's father, petitioner, his mother, brothers and sisters are in possession of the property and property tax was paid till 1995-1996.

(3.) IT appears that the claim of the first respondent is based on a decree obtained from the Munsiff Court, Manjeri. Petitioner has filed Ext.P7 before the first respondent to consider both matters together. Learned counsel for the petitioner submitted that so far no decision has been taken by first respondent in that application. The request of the petitioner is only reasonable as both parties are claiming rights in respect of the very same property. In the light of the direction proposed to be issued, it is not necessary to issue notice to the third respondent in this writ petition.