High Court of KeralaWP(C)/31128/2015disposed of

Smt.Nabeesa v. The Tahsildar

2015-10-123 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 12TH DAY OF OCTOBER 2015/20TH ASWINA, 1937 WP(C).No. 31128 of 2015 (M) ---------------------------- PETITIONER :

---------------------- SMT. NABEESA, W/O.ASHRAF, RESIDING AT ASHRAF MANZIL, VIDYANAGAR.P.O., KASARGOD TALUK, KASARGOD DISTRICT, REPRESENTED BY POWER OF ATTORNEY HOLDER SHEEJA SUNIL KUMAR, AGED 35 YEARS, W/O.SUNIL KUMAR, RESIDING AT CHEMMAPILLY HOUSE, VADAKKUMMURI.P.O., VADAKKUMMURI VILLAGE, PERUNGOTTUKARA TALUK, THRISSUR DISTRICT.

BY ADV. SRI.R.O.MUHAMED SHEMEEM RESPONDENT(S):

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

1. THE TAHASILDAR, TALUK OFFICE, FORT KOCHI, KOCHI-1.

2. THE THALUK SURVEYOR, TALUK OFFICE, FORT KOCHI-1

3. THE VILLAGE OFFICER, NARAKAL VILLAGE OFFICE, NARAKAL, ERNAKULAM DISTRICT-682 510

4. THE STATION HOUSE OFFICER, NARAKAL POLICE STATION, NARAKAL, ERNAKULAM DISTRICT-682 510

4. NASAR, PUTHENPURAKKAL HOUSE, MALIPPURAM DESOM, ERNAKULAM DISTRICT-682 511 R1 TO R3 BY GOVERNMENT PLEADER SRI.MANOJ P. KUNJACHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).NO.31128/2015 APPENDIX PETITIONER'S EXHIBITS:

P1 COPY OF THE ASSIGNMENT DEED DATED 17/12/1998 NO.2830/80 P2 COPY OF THE POWER OF ATTORNEY EXECUTED INFAVOUR OF THE PETITIONER.

P3 COPY OF THE APPLICATION FOR MEASUREMENT FILED BY THE PETITIONER DURING JUNE 2015 P4 COPY OF THE NOTICE DATED 28/09/2015 ISSUED BY TALUK SURVEYOR, FORTKOCHI PROPOSING TO MEASURE THE EXT.P1 PROPERTY. RESPONDENT'S EXHIBITS:

NIL /TRUE COPY/ P.S.TO JUDGE sts

WP(C) No.31128 of 2015

JUDGMENT

Petitioner submits that surveying of the property as per EXt.P4 notice issued by the Taluk Surveyor could not be completed on account of resistance by fifth respondent. This Court is of the view that if the Taluk Surveyor feels that police assistance is required, he shall make a request before the fourth respondent and in that event, the fourth respondent shall provide necessary assistance to the Taluk Surveyor to carry out the statutory function. The writ petition is disposed of as above.

sd/- Muhamed Mustaque, Judge.

12th October,2015 -true copy-