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High Court of KeralaWP(C)/1515/2015disposed of

Deepa Shibu v. The District Collector, Civil Station, Kakkanad

2015-01-15Honourable Mr.Justice P.R.Ramachandra Menon3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 15TH DAY OF JANUARY 2015/25TH POUSHA, 1936 WP(C).No. 1515 of 2015 (L) --------------------------- PETITIONER :

---------------------- DEEPA SHIBU, W/O.SHIBU, PAREKKATTU HOUSE, NEELEESWARAM, REPRESENTED BY HER MOTHER AS WELL AS POWER OF ATTORNEY HOLDER LEELA RAJAN, W/O.RAJAN,AGED 73 YEARS, PARAKKATTU NEELESWARAM, ERNAKULAM.

BY ADVS.SRI.PAUL K.VARGHESE SMT.A.A.GEETHA RESPONDENT(S):

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

1. THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD,COCHIN- 682 030.

2. THE DEPUTY DISTRICT SURVEY AND LAND RECORDS, SUPERINTENDENT, CIVIL STATION, KAKKANAD, COCHIN- 30.

3. THE ADDITIONAL TAHSILDAR, ALUVA,PIN- 683 101.

4. P.K.RAVANAN,S/O.KARUPPAN, AGED 60 YEARS, PARAKKATTU HOUSE, NEELESWARAM, PERUMBAVOOR, ERNAKULAM DISTRICT, 683 574.

R1 TO R3 BY SR GOVERNMENT PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 1515 of 2015 (L) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1.

COPY OF THE PARTITION DEED NO.1032/83 OF SREEMOOLANAGARA SRO ON 11.5.83.

EXHIBIT P2.

COPY OF THE PARTITION DEED NO.1253/1/09 OF SREEMOOLANAGARAM SRO EXECUTED BETWEEN LEELA AND PETITION.

EXHIBIT P3.

CONSENT LETTER ISSUED BY THE 4TH RESPONDENT DATED 28.4.08. EXHIBIT P4.

COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 9.7.13.

EXHIBIT P5.

COPY OF THE REPORT AS WELL AS SKETCH SUBMITTED BY THE SURVEYOR 21.1.14.

EXHIBIT P6.

COPY OF THE NOTICE ISSUED BY THE ADDITIONAL TAHSILDSAR ALUVA TO THE PETITIONER DATED 11.8.14.

EXHIBIT P7.

COPY OF OBJECTION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 5.11.14.

EXHIBIT P8.

COPY OF THE POSTAL ACKNOWLEDGMENT CARD SHOWING RECEIPT OF EXHIBIT P7 ON 10.11.14.

RESPONDENT(S)' EXHIBITS:

NIL /TRUE COPY/ P.A.TO.JUDGE sts

P.R. RAMACHANDRA MENON, J.

======================== W.P.(C). No. 1515 of 2015 -------------------------------------------- Dated this the 15th day of January, 2015

JUDGMENT

The petitioner has preferred Ext.P4 application before the 3rd respondent for re-fixation of boundary. Ext.P5 survey sketch is prepared and filed in this regard. Subsequently, the petitioner was served with Ext.P6 notice asking to file objection, if any. It is stated that Ext.P7 objection has been filed before the 2nd respondent on 5.11.2014. The prayer is to cause the same to be considered and finalized within a reasonable time.

2. Heard the learned Government Pleader as well.

3. Considering the limited nature of relief sought for, this Court does not find it necessary to go into the merits of the case or to issue notice to the 4th respondent for the time being. The writ petition is disposed of, directing the 2nd respondent to consider and finalize the proceedings forming subject matter of Ext.P6, after considering Ext.P7 with notice to the petitioner as well as the 4th respondent and other interested parties, if any, at the earliest, at any rate, within 'three 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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