Lakshmi Paleri v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 18TH DAY OF MARCH 2015/27TH PHALGUNA, 1936 WP(C).No. 6483 of 2015 (I) ---------------------------------------- PETITIONER(S) :
------------------------- LAKSHMI PALERI, AGED 70 YEARS, W/O.GOPALAN, KADAYAKKAR HOUSE, CHEUPUZHA P.O., KANNUR DISTRICT.
BY ADV. SRI.T.V.JAYAKUMAR NAMBOODIRI RESPONDENT(S) :
----------------------------
1. DISTRICT COLLECTOR, KANNUR, KANNUR DISTRICT-670 001.
2. TAHSILDAR, THALIPARAMBA TALUK, THALIPARAMBA, KANNUR-670 141.
3. SUPERINTENDENT, RESURVEY SUPERINTENDENT OFFICE, PAYYANUR-670 301.
4. VILLAGE OFFICER, VAYAKKARA VILLAGE, KANNUR DISTRICT-670 511.
BY GOVERNMENT PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
WP(C).No. 6483 of 2015 (I) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1: THE KUZHIKKANAM DEED DATED 23.05.1961 OF SUB REGISTRAR, MATHAMANGALAM.
EXHIBIT P2: THE PURCHASE CERTIFICATE DATED 02.08.1977 IS PRODUCED AS EXITS-P2.
EXHIBIT P3: THE SKETCH PLAN AT THE VILLAGE OFFICE. EXHIBIT P4: THE SKETCH BY THE LOCAL SURVEYOR. EXHIBIT P5: APPLICATION FOR SURVEY.
EXHIBIT P6: APPLICATION DATED 20.07.2013.
RESPONDENT(S)' EXHIBITS ----------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.
Msd.
P.R.RAMACHANDRA MENON, J.
----------------------------------------- W.P.(C).No.6483 of 2015 ----------------------------------------- Dated this the 18th day of March, 2015
JUDGMENT
The petitioner has approached this Court with the following prayers:
i.
Issue a writ of mandamus or other appropriate writ, directing the 2nd respondent to rectify the mistake in the land register of the 4th respondent with respect to the land of the petitioner as requested in Exts.P6 at the earliest with in a time limit.
2. Heard the learned counsel appearing for the petitioner as well as the learned Government Pleader appearing for the respondents as well.
3. During the course of hearing, it is brought to the notice of this Court that the concerned Village Officer has made endorsement on Ext.P5 application filed under rule 27 of the Demarcation and Survey of Registered Holdings which stands in favour of the petitioner. The learned Government Pleader submits that in the light of the said endorsement the matter will be considered and appropriate orders will be passed in Ext.P6
W.P.(C).No.6483 of 2015 which is pending consideration before the second respondent. The said submission is recorded and the writ petition is disposed of directing the 2nd respondent to consider and finalise the matter in accordance with law, after affording an opportunity of hearing to the petitioner, at the earliest, at any rate, within 'two months' from the date of receipt of a copy of this this judgment. The petitioner shall produce a copy of the judgment, along with a copy of the writ petition, before the second respondent, for further steps.
The writ petition is disposed of.
Sd/- P.R.RAMACHANDRA MENON, JUDGE.
rkc.