Yunus M.K v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 25TH DAY OF FEBRUARY 2015/6TH PHALGUNA, 1936 WP(C).No. 6026 of 2015 (C) --------------------------- PETITIONER :
----------------------- YUNUS M.K., S/O. KUTTY, AGED 40 YEARS MANTHRAKKATTU HOUSE, BRAHMAPURAM PIN - 682503.
BY ADVS.SRI.PAUL K.VARGHESE SMT.A.A.GEETHA RESPONDENTS :
-------------------------
1. STATE OF KERALA REPRESENTED BY IT'S SECRETARY GOVERNMENT SECRETARIAT, TRIVANDRUM-01.
2. THE DISTRICT COLLECTOR CIVIL STATION, KAKKANAD, COCHIN-682030.
3. DISTRICT SURVEYOR SUPERINTENDENT CIVIL STATION, KAKKANAD, COCHIN-682030.
4. INFO PARK KERALA REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER KUSUMAGIRI P.O., KAKKANAD-682030.
R1 TO R3 BY GOVT. PLEADER SRI. K.C. VINCENT R4 BY ADVS. SRI.ANIL THOMAS, SC SMT.RASHMI K.V., SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 6026 of 2015 (C) -------------------------------------- APPENDIX PETITIONERS' EXHIBITS :
------------------------------------- EXHIBIT P1A TRUE COPY OF TAX RECEIPT ISSUED BY KUNNATHUNADU VILLAGE TO THE PETITIONER DATED 17-5-2007.
EXHIBIT P2A TRUE COPY OF THE PARTITION DEED NO. 2861/2007 EXECUTED IN FAVOUR OF THE PETITIONER AND OTHER DATED 28-3-2007. EXHIBIT P3A TRUE COPY OF THE CONCERNED LETTER PREPARED BY THE INFOR PARK AND THE SAME WAS SIGNED BY THE PETITIONER DATED 30-10-2009.
EXHIBIT P4A TRUE COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, PUTHENCRUZ VILLAGE DATED 17-2-2014.
EXHIBIT P5A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE DISTRICT COLLECTOR, ERNAKULAM DATED 18-2-2015. EXHIBIT P6A TRUE COPY OF THE RECEIPT ACCEPTING EXHIBIT P5 APPLICATION. RESPONDENT(S)' EXHIBITS : NIL ------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn
P.R. RAMACHANDRA MENON, J.
======================== W.P.(C). No. 6026 of 2015 -------------------------------------------- Dated this the 25th day of February, 2015
JUDGMENT
The petitioner has approached this Court with the following prayers:
"1. Issue a writ of mandamus or other appropriate writ order or commanding the respondents 2 and 3 to consider Ext.P5 application and dispose the same by relying Ext.P2 title deedc, survey sketch, acquisition sketch etc and thereby fix the boundary of property of Info Park within the time specified by this Court.
2. Issue a writ, order, directions as may be necessary to the facts and circumstances of the case."
2. The learned counsel for the petitioner seeks for a direction to be given the 2nd respondent so as to take necessary steps to fix the boundary and to have a solution once and for all. It is submitted that the grievance of the petitioner has also been projected by way of Ext.P5 application which is pending consideration before the 2nd respondent and the prayer is only to cause the same to be considered and disposed of within a reasonable time.
3. Heard the learned Standing Counsel for the 4th respondent and the learned Government Pleader as well.
W.P.C. No.6026 of 2015 -24. After hearing both the sides, the writ petition is disposed of, directing the 2nd respondent to take necessary steps pursuant to Ext.P5 application so as to cause fixation of the boundary to be pursued through the competent officer, finalizing the proceedings in accordance with law, after hearing the petitioner, 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 concerned respondent for further steps.
Sd/- P.R. RAMACHANDRA MENON, JUDGE.
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