This Review Petition has been filed by a stranger to the proceedings after obtaining the leave of this Court as per the order dated 04.03.2014 in I.A.No.25 of 2014.
2. The case of the Review Petitioner is that the property concerned herein is the subject matter of a partition Suit, O.S.488 of 2011, pending before the Sub Court, Irinjalakkuda which has been instituted by the Review Petitioner, wherein the writ petitioner is also a party. O.S. 996 of 2011 (on the file of the Munsiff's Court, Kodungallur) has been filed by the writ petitioner for injunction, wherein the review petitioner is also a party along with others. Pursuant to the proceedings of the District Court, Thrissur, both the matters stand posted together, on transfer, for joint trial. It is without revealing the facts and figures as to the pendency of the Civil Suits, that the writ petitioner chose to approach this Court by filing W.P.(C)31865 of 2013, contending that the property came to the hands of the petitioner on the strength of a 'Will' executed by the deceased Subramaniam and that the revenue authorities were refusing to effect mutation and to have the land tax satisfied/accepted in terms of the Kerala Land Tax Act.
3. The Review Petitioner or anybodyelse, who are parties to the civil suits were never impleaded in the party array, in the writ petition. When the matter came up for consideration before this Court, based on the submission made by the writ petitioner that he would be satisfied if a direction was given to the second respondent/Village Officer to consider the application preferred for effecting mutation and for satisfaction of land tax, the writ petition was disposed of accordingly, directing the concerned respondent to have the matter finalised within the time as specified therein. This made the review petitioner to approach this Court by filing this Review Petition.
4. Incidentally, it is brought to the notice of this Court that, pursuant to the direction given by this Court, the matter was considered by the Village Officer, who passed an order in favour of the writ petitioner for effecting mutation and also to accept Land Tax, which was without hearing the review petitioner. The said order is under challenge in WP.(C) 4027 of 2013 (wherein it is produced as Ext.P7).
5. Heard the learned Counsel for the first respondent/writ petitioner and also the learned Government Pleader appearing for other respondents.
6. After hearing both the sides, this Court finds that the pendency of the civil Suits before the concerned Civil Court was never brought to the notice of this Court, which cannot but be deprecated. However, the fact remains that no fact adjudication was done by this Court and the merits of the case were never examined, but for directing the second respondent/Village Officer to consider the application preferred by the writ petitioner and to have the same finalised accordingly. It was in the said circumstance, that the matter was considered and Ext.P7 order, produced in W.P(C)4027 of 2014 came to be passed. In view of pendency of the proceedings as above, this Court makes it clear that, the order passed by the Village Officer pursuant to the judgment dated 20.12.2013 in W.P.(C) 31865 of 2013 by itself will not confer any right or interest to the writ petitioner and that the same will of course be subject to the verdict to be passed by this Court in W.P.(C) 4027 of 2013 and also the verdict to be passed by the concerned Civil Court in O.S. 488 of 2011 and O.S.996 of 2011.
With the above observation, the Review Petition is disposed of.
P.R.RAMACHANDRA MENON JUDGE lk