High Court of KeralaOP(C)/2031/2015disposed of

Thomas Devassia v. Kalamassery Municipality

2015-09-07Honourable Mr. Justice K.Abraham Mathew4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 7TH DAY OF SEPTEMBER 2015/16TH BHADRA, 1937 OP(C).No. 2031 of 2015 (O) --------------------------- AGAINST THE ORDER/JUDGMENT IN O.S.NO.828/2003 ON THE FILES OF I ADDITIONAL MUNSIFF COURT, ERNAKULAM ------------------------------------ PETITIONER(S):

-------------------------- THOMAS DEVASSIA AGED 87 YEARS S/O.LATE DEVASSIA, KANJIRAMTHANATH HOUSE KARIPPAI ROAD, NORTH KALAMASSERY P.O ERNAKULAM DISTRICT.

BY ADV. SRI.JESWIN P.VARGHESE RESPONDENT(S):

----------------------------

1. KALAMASSERY MUNICIPALITY MUNICIPAL OFFICE, KALAMASSERY P.O, ERNAKULAM DISTRICT 683 104, REPRESENTED BY ITS SECRETARY.

2. THE DISTRICT COLLECTOR CIVIL STATION, ERNAKULAM, COCHIN 24.

3. RABIA W/O.ASSAINAR, THETTAYIL HOUSE, KARIPPAI ROAD NORTH KALAMASSERY P.O, ERNAKULAM 683 104.

4. NOORJAHAN W/O.IBRAHIM, THETTAYIL HOUSE, KARIPPAI ROAD NORTH KALAMASSERY P.O, ERNAKULAM 683 104.

BY ADV.SRI.E.M.ABDUL KHADER, GOVERNMENT PLEADER BY ADV.SRI.M.K.ABOOBACKER,SC KALAMASSERY MUNCIPALITY THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 07-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(C).No. 2031 of 2015 (O) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1. A TRUE COPY OF NOTICE NO.F.1824/03-L.DIS ISSUED BY REVENUE DIVISIONAL OFFICER FORT COCHIN DATED 4.4.2003. EXHIBIT P2. A TRUE COPY OF COMMISSION APPLICATION REGISTERED AS IA 8992/2009 IN OS 828/2003 DATED 10.12.2009.

EXHIBIT P3. A TRUE COPY OF THE INTERIM REPORT SUBMITTED BY ADVOCATE COMMISSIONER DATED 25.10.14.

RESPONDENT(S)' EXHIBITS NIL --------------------------------------- R.AV //TRUE COPY// PA TO JUDGE

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - O.P.(C). No.2031 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of September, 2015

J U D G M E N T

The petitioner is the third defendant in O.S.No.828 of 2013 on the files of the First Additional Munsiff's Court, Ernakulam. The first respondent Municipality filed a commission application. It is necessary to measure the property on the basis of the survey plan. It is submitted that as the portion of the property is involved in the suit is water logged it is difficult to conduct survey. It may be difficult but it is not impossible. Both parties agree that if a direction is issued to the second respondent, District Collector the equipments necessary to measure the properties will be made available. I am satisfied that the submission is reasonable. In the result, this O.P(C) is disposed of as follows:- Within two months the second respondent, District Collector will take steps to get the property measured by the Taluk Surveyor, for which necessary equipments shall

O.P.(C). No.2031 of 2015 be made available to him by the State. The Munsiff may issue appropriate directions to the surveyor, who shall be made a joint commissioner along with the Advocate commissioner. The measurement shall be completed and the report filed on or before 31.12.2015.

sd/- K.ABRAHAM MATHEW, JUDGE R.AV //TRUE COPY// PA TO JUDGE