IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 2800 of 2009(S)
1. STATE OF KERALA
... Petitioner
Vs
1. P.R.BHASKARAN
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice A.K.BASHEER
Dated :09/12/2009
O R D E R
S.R. Bannurmath, C.J. & A.K. Basheer, J.
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W.A.No. 2800 OF 2009
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Dated this the 9th day of December, 2009
JUDGMENT
S.R.Bannurmath, C.J.
This appeal is filed challenging the interim order granted
by a learned Single Judge of this Court on 03.12.09 directing
respondent No.2 to register the original of Ext.P3 draft sale
deed on presentation for registration by the vendor if it is
otherwise in order.
2. The respondent/petitioner has approached this Court
seeking mandamus with a direction to respondent No.2 to
register the sale deed executed by the petitioner covered
under Ext.P1 Patta. It is stated by the appellant that this sale
itself is in question in view of the amendment to the Kerala
Land Assigning Rules and whether it is prospective or
retrospective.
3. Without going into the merits of either side
contention, suffice it to note that practically the learned
Single Judge, by way of interim order, has granted the entire
main relief asked by the petitioner which in our view is not
WA No. 2800 of 2009
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proper. If the learned Single Judge was of the opinion that the
amended Rules are not applicable, he should have proceeded to
consider the matter on merits and then if satisfied as to the
petitioner’s case, final relief has to be granted instead of the
interim relief which is now granted. In that view of the matter, it
appears to us that learned Single Judge was not justified in
granting interim relief which is the final prayer itself.
As such, we set aside the interim order of the learned Single
Judge with liberty to the appellant to file its counter within one
week. Learned Government Pleader undertakes to file the
counter affidavit within a week. In view of the peculiar facts and
circumstances and the alleged difficulties faced by respondent
No.1, we request the learned Single Judge to dispose of the Writ
Petition itself as expeditiously as possible, on or before
23.12.2009.
S.R. Bannurmath,
Chief Justice.
A.K. Basheer,
Judge.
ttb/vku.