High Court of KeralaWP(C)/23431/2015disposed of

Celinamma Joseph v. State Of Kerala

2015-10-16Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 16TH DAY OF OCTOBER 2015/24TH ASWINA, 1937 ---------------------------- PETITIONER(S):

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1. CELINAMMA JOSEPH, AGED 62 YEARS, W/O. LATE GEORGE JOY, MATTAKKATTU HOUSE(THORANAMVACHATHIL), PAIPPAD KARA, PAIPPAD VILLAGE, KOTTAYAM TALUK, KOTTAYAM, PIN-686 548.

2. SWAROOP GEORGE, AGED 27 YEARS, S/O. LATE GEORGE JOY, MATTAKKATTU HOUSE(THORANAMVACHATHIL), PAIPPAD KARA, PAIPPAD VILLAGE, KOTTAYAM TALUK, KOTTAYAM, PIN-686 548.

3. T.V.ANNA MERCY, AGED 61 YEARS, W/O. P.J.IGNASIOUS, PUTHUSSERIL HOUSE, VYTTILA, POONITHURA VILLAGE, KANAYANNUR TALUK, ERNAKULAM, PIN-682 019.

BY ADVS.SRI.S.RANJIT (KOTTAYAM) SRI.GOKUL DAS V.V.H.

RESPONDENT(S):

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

2. TAHSILDAR , TALUK SURVEY OFFICE, KOTTAYAM, PIN-686 001.

3. VILLAGE OFFICER, PAIPPAD VILLAGE, KOTTAYAM, PIN-686 548.

4. TALUK SURVEYOR , ATHIRAMPUZHA VILLAGE, KOTTAYAM-686 001.

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5. ROY THOMAS, AGED 67 YEARS, S/O. T.T.VARKEY, RAND HOUSE, MAJOR ROAD, VYTTILA, POONITHURA VILLAGE, KANAYANNUR TALUK, ERNAKULAM, PIN-682 019.

R1 TO R4 BY GOVERNMENT PLEADER SRI.MANOJ KUNJACHAN R5 BY ADVS. SRI.VIVEK VARGHESE P.J.

SRI.VARUGHESE M EASO THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

--------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- P1 :

TRUE COPIES OF THE NOTICES DTD.8.1.2013 ISSUED BY THE 4TH RESPONDENT.

P2 :

TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDENT.

RESPONDENT(S)' EXHIBITS:

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

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No. 23431 of 2015 ================== Dated this the 16th day of October, 2015

J U D G M E N T

The petitioner approached the 2nd respondent for fixation of the boundary and effecting mutation consequent upon land acquisition.

It is seen from Ext.P1, the Taluk Surveyor has initiated steps for determination of demarcating the boundaries. The learned senior counsel appearing for the 5th respondent submits that they have also filed an application to demarcate his property. 3.

Therefore this Court is of the view that appropriate steps shall be taken for the 4th respondent to complete the demarcation within three months from the date of receipt of the copy of this judgment after notice to the petitioners and 5th respondent. Based on the determination transfer of registry shall be effected in accordance with the law. The mutation shall be effected after taking note of the land acquisition as well as the final decree in partition suit No.O.S No.266/1997.

The writ petition is disposed of, as above.

sd/- sab A.MUHAMED MUSTAQUE, JUDGE