High Court of KeralaWP(C)/34455/2014disposed of

Mary Xavier v. Land Revenue Commissioner

2015-01-12Honourable Mr.Justice P.R.Ramachandra Menon5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 12TH DAY OF JANUARY 2015/22ND POUSHA, 1936 WP(C).No. 34455 of 2014 (F) ---------------------------------------- PETITIONER(S):

---------------------- MARY XAVIER, W/O.LATE XAVIER, PAINADATH VEETIL, PADUVAPURAM P.O EDAKKUNNU, KARUKKUTTY VILLAGE, ALUVA TALUK.

BY ADVS.SRI.T.P.SAJAN SRI.M.MOHAMED NAVAZ SRI.P.SANTHOSH KUMAR (TR) RESPONDENT(S):

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

1. LAND REVENUE COMMISSIONER GOVERNMENT OF KERALA, SECRETARIAT THIRUVANANTHAPURAM, PIN 695 501.

2. DISTRICT COLLECTOR, O/O THE DISTRICT COLELCTOR, CIVIL STATION, KAKKANAD ERNAKULAM, PIN 682 0309.

3. REVENUE DIVISIONAL OFFICER, O/O THE REVENUE DIVISIONAL OFFICER, FORT KOCHI, ERNAKULAM, PIN 682 001.

4. ADDITIONAL TAHSILDAR, ALUVA TALUK, ALUVA, PIN 683 101.

BY SENIOR GOVERNMENT PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 34455 of 2014 (F) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 TRUE COPY OF JUDGMENT DATED 20-12-2012 IN WPC NO 19198/2012 EXHIBIT P2 TRUE COPY OF ORDER VIDE REF NO LR J3-49218/2011 DATED 3-9-2013 OF THE FIRST RESPONDENT EXHIBIT P3 TRUE COPY OF THE REMINDER DATED 23-12-2013 EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS VIDE REF NO L2 874/1 DATED 11-2-2014 ISSUED BY THE SECOND RESPONDENT EXHIBIT P5 TRUE COPY OF THE APPLICATION DATED 13-3-2014 FILED BEFORE THE FOURTH RESPONDENT RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

P.R. RAMACHANDRA MENON, J.

======================== W.P.(C). No. 34455 of 2014 -------------------------------------------- Dated this the 12 th day of January, 2015

JUDGMENT

The prayers in the writ petition are as follows: "a. Call for the records leading to Ext.P2 and issue a writ of mandamus or any other appropriate writ order or direction commanding the second and fourth respondent to comply with the directions contained in Ext.P2 order. b. Issue a writ of mandamus or any other appropriate writ order or direction, commanding the 2nd and 4th respondent to measure the property in old Survey No. 1269/2J now in resurvey No. 463 of Krukutty village with reference to all records including the records kept in the Irrigation department, Koratty and also the records that related to the area in old survey numbers and demarcate the puramboke land as per the field register and mark out the extent in occupation of the petitioner and assign survey sub division to the said property in possession of the petitioner.

c. To issue a writ of mandamus or any other appropriate writ order or direction, commanding the 1st and 2nd respondent to assign 12.5 cents of land in old Survey No. 1269/2J now in resurvey No.463 of Krukutty village to the petitioner."

2. Being aggrieved of the order passed by the 2 respondent, the petitioner preferred a representation before the st respondent which was directed to be considered and finalized

W.P.C. No. 34455 of 2014 -2as per Ext.P1 judgment in W.P.(C). No. 19198 of 2012 preferred by the petitioner. Pursuant to the said proceedings, the matter was considered by the second respondent, who passed Ext.P2 order on 3.09.2013 remanding the matter to the District Collector to have the property measured out with reference to the records maintained by the Irrigation Department as well as the Revenue th Department. The District Collector in turn directed the 4 respondent as per Ext.P4 order dated 11.2.2014 to conduct the measurement and submit a report along with a sketch alerting th respondent that no delay shall be there in giving effect to the 4 st respondent. Nothing has transpired the order passed by the 1 in the positive and hence the writ petition.

3. Heard the learned Government Pleader appearing for the respondents who points out that, further steps are being taken on a war footing and that the proceedings will be finalized within the shortest possible time.

4. After hearing both the sides, the writ petition is disposed nd respondent to give effect to Ext.P2 order and of, directing the 2 the proceedings as above shall be finalized at the earliest, at any

W.P.C. No. 34455 of 2014 -3rate, within 'two months' from the date of receipt of a copy of the judgment. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the concerned respondent for further steps.

P.R. RAMACHANDRA MENON, JUDGE.

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