High Court of KeralaWP(C)/29459/2015disposed of

K.K Raju v. The District Collector

2015-10-15Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 15TH DAY OF OCTOBER 2015/23RD ASWINA, 1937 WP(C).No. 29459 of 2015 (F) ---------------------------- PETITIONER(S):

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1. K.K RAJU, AGED 59 YEARS, S/O. KUTTAPPAN, KANNANKUNNEL (H), OLIMKADAVU P.O., OTTUPARA, MANGALAMDAM, ALATHUR, PALAKKAD.

2. SUJATHA, AGED 49 YEARS, W/O. K.K.RAJU, KANNANKUNNEL (H), OLIMKADAVU P.O., OTTUPARA, MANGALAMDAM, ALATHUR, PALAKKAD.

BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENT(S):

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1. THE DISTRICT COLLECTOR, CIVIL STATION, PALAKKAD-678001.

2. THE RE-SURVEY SUPERINTENDENT, OTTAPALAM, PALAKKAD-679101.

3. THE TAHASILDAR, TALUK OFFICE, ALATHUR, PALAKKAD-678541.

4. THE VILLAGE OFFICER, MANGALADAM VILLAGE, MANGALAMDAM, PALAKKAD-678503.

BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 29459 of 2015 (F) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXHIBIT P1TRUE COPY OF THE BASIC TAX RECEIPT NO. 7327345 DATED 21-11-2012 ISSUED BY THE 4TH RESPONDENT. EXT. P1(A)- TRUE COPY OF THE BASIC TAX RECEIPT NO. 7327346 DATED 21-11-2012 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P2TRUE COPY OF THE POSSESSION CERTIFICATE DAETD 22-09-2011 ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT. EXT. P2(A)- TRUE COPY OF THE POSSESSION CERTIFICATE DATED 12-10-2011 ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT. EXHIBIT P3TRUE COPY OF THE COMMUNICATION DATED 06-11-2013 ISSUED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT.

EXT. P3(A)- TRUE COPY OF THE COMMUNICATION DATED 06-11-2013 ISSUED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT.

EXT. P3(B)- TRUE COPY OF THE COMMUNICATION DATED 06-11-2013 ISSUED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT.

EXHIBIT P4TRUE COPY OF THE JUDGMENT IN WPC NO. 27194/2014 OF THIS HON'BLE COURT DATED 04-11-2014.

EXHIBIT P5TRUE COPY OF THE ORDER DATED 20-07-2015 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P6TRUE COPY OF THE REPRESENTATION DATED 03-09-2015 ALONG WITH A SKETCH OF THE PETITIONERS PROPERTY.

RESPONDENTS' EXHIBITS:

NIL.

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

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.29459 of 2015 ****************************************************************************** Dated this the 15th day of October, 2015

JUDGMENT

The petitioners have approached this Court in an earlier occasion in W.P.(C) No.27194/2014 stating that the property owned by them has been shown as 'Puramboke'. Pursuant to the directions of this Court, it is identified that two items of the property belong to the petitioners. The petitioners' present dispute is only in respect of one item of the property has to be identified and there is a shortage around 30 cents in another item. The petitioners submit that the entire exercise has to be completed by the Tahsildar, third respondent.

This Court is of the view that the Tahsildar shall complete the entire exercise in the light of Ext.P6 representation of the petitioners within a period of three months and depend upon the outcome of that, necessary steps shall be taken to carryout the mistake in the record. Needless to say that the petitioners shall also be given an opportunity of being heard.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln