High Court of KeralaWP(C)/27426/2015disposed of

Adv.J.Santhosh v. The Village Officer

2015-09-11Honourable Mr. Justice A.Muhamed Mustaque5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 11TH DAY OF SEPTEMBER 2015/20TH BHADRA, 1937 WP(C).No. 27426 of 2015 (C) ---------------------------- PETITIONER(S):

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1. ADV.J.SANTHOSH, VAVARA, MUDANTHIYAZHIKAM, KOTTAPPURAM, PARAVUR, KOLLAM, RESIDING AT BMRA 88, BALAKRISHNAMENON ROAD, ANCHUMANA, EDAPPALLY.P.O., KOCHI - 24.

2. RAJENDRAN PILLAI.N, VAVARA, KOTTAPPURAM, PARAVUR, KOLLAM.

BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S):

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1. THE VILLAGE OFFICER, VILLAGE OFFICE, KOTTAPPURAM, KOLLAM - 691 001.

2. THAHZILDAR, TALUK OFFICE, KOLLAM - 691 001.

3. REVENUE DIVISIONAL OFFICER, KOLLAM - 691 001. BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 27426 of 2015 (C) --------------------------------------- APPENDIX PETITIONERS' EXHIBITS:

EXT. P1 :

TRUE COPY OF THE RELEVANT PAGE OF THE THANDAPER REGISTER HAVING NO.3582.

EXT. P2 :

TRUE COPY OF THE RELEVANT PAGE OF THE THANDAPER NO.4188. EXT. P3 :

TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER TO THE 3RD RESPONDENT DATED 9.7.15. RESPONDENTS' EXHIBITS:

NIL.

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

A. MUHAMED MUSTAQUE, J.

................................................. W.P.(C) No. 27426 of 2015 (C) ............................................... Dated this the 11th day of September, 2015

JUDGMENT

Petitioners, who have the ownership and Oorazhma of Paravur Puthiyidam Mahadevar Devaswom temple having various landed properties including a temple pond comprised in Re survey No.466/8, have approached this court seeking the following reliefs.

i. issue a writ of mandamus or any other appropriate writ order of direction, commanding 3rd respondent to conduct an enquiry with respect to the correction done in Ext.P1.

ii. issue a writ of mandamus or any other appropriate writ order of direction, commanding 3rd repondent to include temple pond of extent 3.60 Ares comprising in Re Survvey No.466/8 in Thandaper No.3582 of Kottappuram Village forthwith.

Iii. Issue a writ of mandamus or any other appropriate writ order of direction, commanding 3rd respondent to dispose of Ext.P3 representation forthwith and iv. issue such other appropriate writ, order or direction as this Hon'ble Court deem fit and proper, in the circumstances of the case.

2.Heard both sides.

W.P.(C) No. 27426 of 2015(C) 3.It is submitted by the learned counsel for the petitioners that as per Ext.P1 Register, the temple pond was included in Thandaper No.3582 of Kottapuram village. It is the case of the petitioners that without any authority or order, the temple pond was deleted from Ext.P1 and included in Thandaper No.4188(Ext.P2) in the name of some other persons, who were expired many years back and is having no relation with the temple. By Ext.P3 representation, the petitioners have approached the 3rd respondent, RDO, alleging the illegal corrections made in the revenue records but no action was taken by the 3rd respondent so far.

Considering the facts and circumstances of the case, this writ petition is disposed of, directing the 3rd respondent to consider the objections raised by the petitioners and pass appropriate orders on Ext.P3, after affording an opportunity of being heard the petitioners, within a period of two months from the date of receipt of a copy of this judgment.

Sd/- A. MUHAMED MUSTAQUE JUDGE AMV/11/09/

W.P.(C) No. 27426 of 2015(C)