High Court of KeralaWP(C)/9341/2015disposed of

Chinnappan v. Revenue Divisional Officer, Palakkad

2015-03-24Honourable 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 24TH DAY OF MARCH 2015/3RD CHAITHRA, 1937 WP(C).No. 9341 of 2015 (P) --------------------------- PETITIONER :

----------------------- CHINNAPPAN, AGED 67 YEARS, S/O.RANGA SWAMY, ERAVATTAPARA, KOZHIPPARA P.O., MENONPARA, CHITTUR, PALAKKAD.

BY ADV. SRI.C.P.PRADEEP RESPONDENT(S):

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

1. THE REVENUE DIVISIONAL OFFICER, PALAKKAD, PALAKKAD.

2. THE TAHSILDAR, CHITTUR, PALAKKAD.

3. THE VILLAGE OFFICER, VADAKARAPATHY.

R1 TO R3 BY SR GOVERNMENT PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 9341 of 2015 (P) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1TRUE COPY OF THE REGISTERED RELEASE DEED NO.138/2012 OF SRO KOZHINJAMPARA.

EXHIBIT P2TRUE COPY OF THE COMPLAINT PREFERRED BEFORE THE SUB DIVISIONAL MAGISTRATE, PALAKKAD.

EXHIBIT P3TRUE COPY OF THE FORM 10 APPLICATION PREFERRED BY THE TAHSILDAR, CHITTUR.

RESPONDENT(S)' EXHIBITS:

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

P.R. RAMACHANDRA MENON J.

~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 9341 of 2015 ~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 24th day of March, 2015

JUDGMENT

The petitioner has approached this Court with the following prayers :

"(i) Issue a writ in the nature of mandamus commanding respondent No. 2 to consider Ext. P3 application under Form 10 for measurement and demarcation of the boundaries of the pathway described in Ext. P2 complaint before the SDM, Palakkad with notice to the petitioner and and all affected parties within a time bound manner.

(ii) Issue such other order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case.

2. The learned counsel for the petitioner submits that the petitioner will be satisfied, if a direction is given to the second respondent to consider and pass appropriate orders on the application preferred by the petitioner along with Form 10 for measurement and fixation of the boundaries, vide Ext. P3, in respect of the property covered by Ext. P1 title deed within a reasonable time.

W.P.(C) No. 9341 of 2015 : 2 :

3. Heard the learned Government Pleader as well.

4. Considering the limited extent of relief sought for, this Court does not find it necessary to go into the merits of the case. The writ petition is disposed of, directing the second respondent to consider and pass appropriate orders on Ext. P3 application in accordance with law, after affording and 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 this judgment along with copy of the writ petition before the second respondent for further steps.

Sd/- P. R. RAMACHANDRA MENON, (JUDGE) kmd