High Court of KeralaWP(C)/1452/2015disposed of

Rose Thomas v. State Of Kerala

2015-02-03Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 3RD DAY OF FEBRUARY 2015/14TH MAGHA, 1936 WP(C).No. 1452 of 2015 (F) --------------------------- PETITIONER(S):

-------------------------- ROSE THOMAS, 7/43, NEW SBI COLONY, WEST THAMBARAM, CHENNAI-600 045.

BY ADVS.SMT.K.P.SANTHI, SRI.RILGIN V.GEORGE, SMT.E.U.DHANYA.

RESPONDENT(S):

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

1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

2. THE DISTRICT COLLECTOR, THRISSUR-680 001.

3. THE TAHSILDAR, MUKUNDAPURAM TALUK, THRISSUR-680 110.

4. TALUK SURVEYOR, MUKUNDAPURAM TALUK, THRISSUR-680 110.

BY GOVT. PLEADER SRI.K.C. VINCENT.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 1452 of 2015 (F) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1:

TRUE COPY OF THE DOCUMENT NOS. 1747 AND 1766 OF 1962 OF SRO, KALLETTUMKARA.

EXHIBIT P2:

TRUE COPY OF THE REPRESENTATIONS DATED 14.01.2013 AND 26.03.2013 SUBMITTED TO THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.A. TO JUDGE rs.

P.R. RAMACHANDRA MENON, J.

======================== W.P.(C). No. 1452 of 2015 -------------------------------------------- Dated this the 3rd day of February, 2015

JUDGMENT

The petitioner has approached this Court with the following prayer:

"Issue a writ of mandamus or such other writ, direction or order directing the 2nd respondent to consider and pass orders on Ext.P2 directing the 3rd respondent to measure and fix the boundaries of the petitioner's property, and to issue a sketch of the property within a time frame to be fixed by this Honourable Court."

2. The learned counsel for the petitioner points out that, the petitioner is the owner and in possession of the lands covered by Ext.P1 title deed of the SRO Kallettumkara. For enjoyment of the property in a better and effective manner, measurement and fixation of the boundaries as per the title deed is essential. It is with this intent that the 2nd respondent was moved by filing Ext.P2 representation and the prayer is only to cause the same to be considered and disposed of within a reasonable time.

3. Heard the learned Government Pleader as well.

4. After hearing both the sides, this Court finds that the

W.P.C. No. 1452 of 2015 -2matter need not be adjudicated on merit, in view of the limited extent of relief sought for. In the said circumstance, the writ petition is disposed of, directing the 2nd respondent of consider and finalize Ext.P2 in accordance with law, after giving an opportunity of hearing to the petitioner and other interested parties, if any, at the earliest, at any rate, within 'two months' from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the 2nd respondent for further steps.

P.R. RAMACHANDRA MENON, JUDGE.

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