M.B.Sreekumar v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 22ND DAY OF SEPTEMBER 2015/31ST BHADRA, 1937 WP(C).No. 28586 of 2015 (W) ---------------------------- PETITIONER(S):

-------------------------- M.B. SREEKUMAR, AGED 48 YEARS, SECRETARY SWAMY SASWATHIKANANDHA TRUST, KOTTAPPURAM DESAM, KARIMPUHA I VILLAGE, OTTAPPALAM TALUK, PALAKKAD DISTRICT.

BY ADVS.SMT.P.DEEPTHI, SRI.SABU JOHN.

RESPONDENT(S):

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

1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

2. THE RESURVEY SUPERINTENDENT, PALAKKAD DISTRICT, CIVIL STATION, PALAKKAD-678 001.

3. THE TAHSILDAR, OTTAPPALAM TALUK, OTTAPPALAM, PALAKKAD DISTRICT-679 101.

4. THE VILLAGE OFFICER, KARIMPUZHA I VILLAGE, OTTAPPALAM TALUK, PALAKKAD DISTRICT-679 101.

BY GOVT. PLEADER SRI.BIJU MEENATTOOR.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 28586 of 2015 (W) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1 COPY OF THE TILTLE DEED BEARING NO.3569/2001 OF MANNARKAD SRO DATED 08/08/2001.

EXT.P2 COPY OF THE LAND TAX RECEIPT ISSUED BY THE VILLAGE OFFICE, KARIMPUZHA I, IN FAVOUR OF THE TRUST DATED 24/04/2013.

EXT.P3 COPY OF THE SAID POSSESSION CERTIFICATE BEARING NO.1827/12 DATED 05/06/2012.

EXT.P4 COPY OF THE LOCATION CERTIFICATE BEARING NO.1828/2012 DATED 05/06/2012.

EXT.P4A COPY OF THE ROOT MAP AS ATTACHMENT TO THE LOCATION CERTIFICATE DATED 05/06/2012.

EXT.P5 COPY OF THE LETTER WHICH SUBMITTED BEFORE THE TAHSILDAR, OTTAPPALAM DATED 20/03/2015.

EXT.P6 COPY OF THE SAID PETITION BEFORE THE TAHSILDAR, OTTAPPALAM DATED 20/03/2015.

EXT.P7 COPY OF THE SKETCH PREPARED BY THE PRIVATE SURVEYOR. EXT.P8 COPY OF THE COMMUNICATION DATED 31/05/2015.

RESPONDENT'S EXHIBITS:- NIL.

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

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.28586 of 2015 ****************************************************************************** Dated this the 22nd day of September, 2015

JUDGMENT

The petitioner approached respondents 2 and 3 by Exts.P5 and P6 to rectify the survey of the property. He submits that on account of resurvey, extent of his land has been reduced. In view of the above, this Court is of the view, appropriate decision shall be taken by the third respondent after calling for a necessary report from the second respondent within a period of one month after hearing the petitioner.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln