High Court of KeralaWP(C)/28354/2015disposed of

Roy Abraham v. The District Collector, Ernakulam

2015-09-18Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 18TH DAY OF SEPTEMBER 2015/27TH BHADRA, 1937 WP(C).No. 28354 of 2015 (T) ---------------------------- PETITIONER(S):

-------------------------- ROY ABRAHAM, S/O.N.I. ABRAHAM, AGED 50 YEARS, CHATHAM THADATHIL HOUSE, EDAYAR P.O., KOOTHATTUKULAM, PIN-686 662, (MEMBER WARD 14, KOOTHATTUKULAM GRAMA PANCHAYATH).

BY ADVS.SRI.P.M.JOSHI, SMT.SIJI K.PAUL.

RESPONDENT(S):

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

1. THE DISTRICT COLLECTOR, ERNAKULAM DISTRICT, COLLECTORATE OFFICE, KAKKANAD-682 030.

2. THE TAHSILDAR, MUVATTUPUZHA TALUK, TALUK OFFICE, MUVATTUPUZHA-686 661.

3. THE ASSISTANT EXECUTIVE ENGINEER, PWD (ROAD) SUB DIVISION, MUVATTUPUZHA, ERNAKULAM DISTRICT-686 661.

4. THE ASSISTANT ENGINEER, PWD ROADS SECTION, KOOTHATTUKULAM P.O., KOOTHATTUKULAM-686 662.

5. THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT (PWD), THIRUVANANTHAPURAM-695 001.

BY SR. GOVT. PLEADER SRI.BIJU MEENATTOOR.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 28354 of 2015 (T) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1 COPY OF THE SETTLEMENT DEED NO.1154/1963 DATED 29/03/1963. EXT.P2 COPY OF THE LETTER DATED 14/07/2015 OF PETITIONER TO 4TH RESPONDENT.

EXT.P3 COPY OF THE LETTER DATED 14/07/2015 OF 4TH RESPONDENT. EXT.P4 COPY OF THE LETTER DATED 03/08/2015 TO 2ND RESPONDENT. EXT.P5 COPY OF THE LETTER DATED 05/08/2015 TO 3RD RESPONDENT. RESPONDENT'S EXHIBITS:- NIL.

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

A.MUHAMED MUSTAQUE, J.

---------------------------------------- W.P(C)No. 28354 of 2015 ---------------------------------------- Dated this the 18th day of September, 2015

J U D G M E N T

The petitioner appears to have approached the Tahsildar for measuring and demarcating his property. It is also seen from Ext.P5 that the Assistant Executive Engineer, PWD (Road) Sub Division also requested the Tahsildar to demarcate the road Puramboke. Petitioner submits that the proceedings based on Ext.P5 are yet to be concluded.

2. This Court is of the view that considering the nature of the prayer and in the light of Ext.P5, appropriate decision shall be taken by the second respondent to finalise the proceedings based on Ext.P5. Needful shall be done within a period of two months from the date of receipt of a copy of this judgment, after notice to the petitioner as well as PWD authorities. This writ petition is disposed of as above.

sd/- MBS/ A.MUHAMED MUSTAQUE, Judge