High Court of KeralaWP(C)/11425/2015disposed of

Sathi Devi v. The Addl.Tahsildar

2015-04-07Honourable 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 7TH DAY OF APRIL 2015/17TH CHAITHRA, 1937 WP(C).No. 11425 of 2015 (C) ---------------------------- PETITIONER:

------------------- SATHI DEVI, W/O. SREEDHARAN NAIR, CHERATTU HOUSE, KEEZMURI DESOM, ERANAD TALUK, MALAPPURAM DISTRICT.

BY ADVS.SRI.G.HARIHARAN SRI.PRAVEEN.H.

RESPONDENT(S):

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1. THE ADDL.TAHSILDAR, ERANAD TALUK, MANJERI, MALAPPURAM DISTRICT.

2. THE VILLAGE OFFICER, MALAPPURAM VILLAGE, MALAPPURAM DISTRICT.

BY GOVERNMENT PLEADER SRI.K.C.VINCENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 11425 of 2015 (C) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXHIBIT-P1TRUE COPY OF THE ENCUMBRANCE CERTIFICATE NO. 1339/2015 DATED 16/03/2015 EVIDENCING ACQUISITION OF POSSESSION OF 18 CENTS OF LAND BY THE PETITIONER'S HUSBAND IN THE YEAR 1978 ISSUED FROM THE SRO, MALAPPURAM.

EXHIBIT-P2TRUE COPY OF THE BASIC TAX RECEIPT NO. 082 DATED 29/12/2001 ISSUED BY THE VILLAGE OFFICER, MALAPPURAM IN THE NAME OF THE PETITIONER AND OTHERS.

EXHIBIT-P3TRUE COPTY OF THE BASIC TAX RECEIPT DATED 24/04/2014 ISSUED BY THE VILLAGE OFFICER, MALAPPURAM.

EXHIBIT-P4TRUE COPY OF THE APPLICATION FILED IN FORM NO. 10 BEFORE THE IST RESPONDENT FOR POINTING OUT OF THE BOUNDARES OF THE REGISTERED LANDS DATED 23/03/2015.

RESPONDENT(S)' EXHIBITS:

- NIL --------------------------------------- /TRUE COPY/ P.S. TO JUDGE mbr/

P.R. RAMACHANDRA MENON J.

~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 11425 of 2015 ~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 7th day of April, 2015

JUDGMENT

The petitioner has approached this Court with the following prayers :

(i) Issue a writ in the nature of mandamus or any other appropriate writ commanding the 1st respondent to consider and pass orders on Exhibit P4 application filed by the petitioner under Rule 43 of the Kerala Survey and Boundary Rules without any further delay and (ii) To pass such other orders or reliefs as this Hon'ble Court deems fit in the interest of justice.

2. The learned counsel for the petitioner submits that the petitioner will be satisfied, if a direction is given to the first respondent to consider and finalize Ext. P4 application preferred by the petitioner in Form 10, for pointing out the boundaries of the property mentioned in Ext. P1, within a reasonable time.

3. Heard the learned Government Pleader as well.

4. Considering limited extent of relief sought for, this Court does not find it necessary to go into the merits of the case for the

W.P.(C) No. 11425 of 2015 : 2 :

time being. The writ petition is disposed of, directing the first respondent to finalize the proceedings pursuant to Ext. P4 in accordance with law, with notice to the petitioner 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. Petitioner shall produce a copy of this judgment along with copy of the writ petition before the first respondent for further steps.

The Writ Petition is disposed of.

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