Kozhithodi Iqbal v. State Of Kerala

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. 11502 of 2015 (K) ---------------------------- PETITIONER :

--------------------- KOZHITHODI IQBAL SON OF ERAMU HAJI KOTERI HOUSE, PARAMBIL PEEDIKA P.O., PERUVALLUR VILLAGE, MALAPPURAM DISTRICT PIN - 676 317.

BY ADV. SRI.P.K.NIJOY RESPONDENT(S) :

---------------------------- 1.

STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT SURVEY DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM - 695 001.

2.

THE SURVEY DIRECTOR OFFICE OF THE DIRECTOR OF SURVEY AND BOUNDARIES VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 004.

3.

THE DISTRICT COLLECTOR MALAPPURAM - 676 001.

4.

THE THASILDAR TIRURANGADI TALUK, MALAPPURAM - 676 301.

R1 TO R4 BY GOVT. PLEADER SRI. JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 11502 of 2015 (K) APPENDIX PETITIONER'S EXHIBITS :

EXT.P1 : COPY OF THE REPRESENTATION DATED 26-12-2014. EXT.P2 COPY OF THE LETTER DATED 10-2-2015.

RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn

P.R. RAMACHANDRA MENON, J.

--------------------------------------- W.P.(C) No.11502 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 of mandamus or such other writ, direction or order directing the 4th respondent to consider and pass appropriate orders on Exhibit P1 on merits and to measure and demarcate the petitioner's property situated in Resurvey No.50/1 of Tirurangadi Taluk, Peruvallur Village, within a time frame to be fixed by this Honourable Court.

(ii) issue such other writ, direction or order as is deemed just and proper in the facts and circumstances of the case."

2. The learned counsel for the petitioner submits that, the relief sought for is to cause Ext.P1 to be considered and finalised within a reasonable time.

3. Heard the learned Government Pleader as well, who submits on instructions and with reference to the materials on record that, Ext.P1 preferred by the petitioner is not in proper form. It is stated that, so as to effect fixation of the boundary, the petitioner is to make a proper application in Form 8 and if any such application is filed, the same will be considered and appropriate steps will be taken, so as to redress the grievance of

W.P.(C) No.11502 of 2015 the petitioner.

4. The learned counsel for the petitioner seeks for permission to file appropriate proceedings in this regard.

5. In the above circumstances, the petitioner is set at liberty to file a proper application in Form 8 within 'two weeks' from the date of receipt of a copy of this judgment. On such an event, the same shall be considered and appropriate orders shall be passed by the 4th respondent, taking the proceedings into a logical conclusion in accordance with law, after affording an opportunity of hearing to the petitioner and other interested parties, if any, which shall be done at the earliest, at any rate, within 'two months' thereafter.

Petitioner shall produce a copy of this judgment, along with a copy of the writ petition, before the 4th respondent, for further steps.

The writ petition is disposed of.

Sd/- P.R. RAMACHANDRA MENON, JUDGE sp