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Judgment
Gopinath P., J
Petitioner claims to be one of the legal heirs of Late. Sulthankannu, who died intestate on 25-07-1994. The other legal heirs of Late. Sulthankannu are stated to be respondents 3 to 7. Certain portion of property belonging to Late. Sulthankannu was acquired on the requisition of the railway authorities. The petitioner has instituted O.S.No.1038/2014, before the Principal Munsiff’s Court, Neyyattinkara, for partition of the properties of Late. Sulthankannu and the said suit is stated to be pending.
The learned counsel appearing for the petitioner states that respondents 3 to 7 obtained a succession certificate excluding the name of the petitioner and are attempting to receive the compensation due on account of the acquisition. It is submitted that the petitioner has filed Ext.P4 representation before the 2nd respondent pointing out that the suit is pending and requesting him not to disburse the amount of compensation to respondents 3 to 7. He states that a direction may be issued to the 2nd respondent to consider and pass orders on Ext.P4 within a time frame and to further direct the 2nd respondent not to disburse the compensation till orders are passed on Ext.P4.
Heard the learned Senior Government Pleader appearing for the respondents 1 and 2 also.
Having regard to the facts and circumstances of the case and considering the limited nature of relief sought for by the petitioner, this writ petition will stand disposed of directing the 2nd respondent to consider and pass orders on Ext.P4 after affording an opportunity of hearing to the petitioner and to respondents 3 to 7 or their representatives, within a period of two months from the date of receipt of a certified copy of this judgment. Till such time as orders are passed on Ext.P4, any amount of compensation payable on account of acquisition of land belonging to Late. Sulthankannu shall not be disbursed to respondent 3 to 7, if it has not already been disbursed. In the meanwhile it will always be open to the petitioner to seek appropriate interim relief in the pending suit, if so advised.
The writ petition is disposed of as above.