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High Court of KeralaWP(C)/29441/2015disposed of

Thulaseedharan Nair v. District Collector, Kollam

2015-11-12Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 12TH DAY OF NOVEMBER 2015/21ST KARTHIKA, 1937 WP(C).No. 29441 of 2015 (E) --------------------------------------- PETITIONER(S):

----------------------- THULASEEDHARAN NAIR, AGED 65 YEARS, S/O. DAMODHARA KURUP, VISHNU VILASAM, ALUMMOOD P.O., MAMPUZHA, PUNUKKONNUR CHERRY, KOTTANKARA VILLAGE, KOLLAM.

BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENT(S):

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

1. DISTRICT COLLECTOR, KOLLAM-691 001.

2. DEPUTY DIRECTOR OF RESURVEY, COLLECTORATE, KOLLAM-691 001.

3. THAHASILDHAR, KOLLAM-691 001.

4. ADDITIONAL THAHASILDHAR, KOLLAM-691 001.

BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 29441 of 2015 (E) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1: TRUE COPY OF THE PARTITION DEED NO. 2608/83 OF KILIKALLOOR SUB REGISTRY.

EXT.P2: TRUE COPY OF THE NOTICE ISSUED BY THE DEPUTY DIRECTOR KOLLAM TO THE ADDITIONAL TAHASILDHAR, KOLLAM.

EXT.P3: TRUE COPY OF THE JUDGMENT IN WPC 25340/14. EXT.P4: TRUE COPY OF THE LETTER ISSUED BY THE ADDITIONAL THAHASILDAR TO THE DEPUTY DIRECTOR RESURVEY, KOLLAM.

EXT.P5: TRUE COPY OF THE INFORMATION FURNISHED BY THE OFFICE OF THE 2ND RESPONDENT DT. 29/7/15.

EXT.P6: TRUE COPY OF THE NOTICE ISSUED BY THE DISTRICT COLLECTOR. RESPONDENT(S)' EXHIBITS:

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

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No. 29441 of 2015 ================== Dated this the 12th day of November, 2015

J U D G M E N T

The petitioner claims ownership and possession of landed property comprised in resurvey No. 419/14 in block No.16 of Kottankara Village in Kollam Taluk.

2.

The petitioner claims title to the property based on the Ext.P1 partition deed. It is submitted that all the executants of the partition deed are enjoying their respective alloted plot. It was noted that the land claimed by the petitioner is included as a Puramboke. Ext.P6 is the order of the District Collector. 3.

This Court is of the view that the petitioner's property shall be identified with all document including partition deed relied by the petitioner. This shall be done either by the 3rd or 4th respondent. Needful shall be done within three months from the date of receipt of the copy of this judgment. Thereafter based on the identification, mutation can be effected, if it is found that the land in question belongs to the petitioner.

sd/- sab A.MUHAMED MUSTAQUE, JUDGE