VELAYUDHAN P.K v. TAHSILDAR

WP(C) No.25379/2008-2-respondent along with an application for availing of electricconnection. It is stated that in view of the pendency of the suit,O.S.114/2006, the 2nd respondent declined to issue possessioncertificate, as a result of which, the petitioners could not proceedwith the matter before the Panchayat or the 4th respondent. It is inthese circumstances, the writ petition has been filed praying tocompel the respondents to issue possession certificate andownership certificate and also for directing the 4th respondent tosupply power to the building constructed by them. 2.During the pendency of the writ petition, by decree andjudgment rendered on 30/01/2009, the petitioners submit that theMunsiff Court, Alathur has dismissed the suit. As already stated, according to the petitioners, the only reason for the 2nd respondentto decline possession certificate was the pendency of the suit. Ifthat be so, now that the suit has been dismissed, there is no reasonwhy the 2nd respondent should not consider on merits theapplication for possession certificate. The petitioners also submitthat a copy of the judgment has already been produced before the2nd respondent and that in spite of it, the 2nd respondent has nottaken 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 2ndrespondent shall consider the application made by the petitionersfor issue of possession certificate in respect of the land covered byExt.P1 purchase certificate in the light of the judgment/decreerendered by the Munsiff Court, Alathur in O.S.No.114/2006. Ordersas 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 isissued in pursuance to this judgment, it will be open to thepetitioners to produce the same before the 3rd respondent, who inturn shall consider the petitioners' request for the issue ofownership certificate. Once the petitioners are issued with all therequired documents, it will be open to the petitioners to move the4th respondent, who shall do the needful in the matter withoutfurther delay. The writ petition is disposed of as above.(ANTONY DOMINIC, JUDGE)jg