Kerala High Court
Kochurabia @ Rabia vs The District Collector on 22 August, 2012
Author: T.R.Ramachandran Nair
Bench: T.R.Ramachandran Nair
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR
WEDNESDAY, THE 22ND DAY OF AUGUST 2012/31ST SRAVANA 1934
WP(C).No. 20051 of 2012 (F)
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PETITIONER:
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1. KOCHURABIA @ RABIA, AGED 44 YEARS
W/O ABOOBACKER N.A.,
RESIDING AT XII/244, THRIKKAKARA PANCHAYAT,
NEYYATHOLIMOOLAYIL HOUSE,
MURARJI ROAD, VAZHAKKALA,
THRIKKAKARA PO., KOCHI- 682 021.
2. ABOOBACKER N.A.,
AGED 52 YEARS, S/O AMMU,
RESIDING AT XII/244, THRIKKAKARA PANCHAYAT,
NEYYATHOLIMOOLAYIL HOUSE,
MURARJI ROAD, VAZHAKKALA,
THRIKKAKARA PO., KOCHI- 682 021.
BY ADV. SRI.E.S.ASHRAF
RESPONDENT(S):
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1. THE DISTRICT COLLECTOR,
KAKKANAD, ERNAKULAM- 682 011.
2. THE ADDITIONAL TAHSILDAR,
KANAYANNOOR TALUK,
ERNAKULAM - 682 0011.
3. THE VILLAGE OFFICER, VAZHAKKALA VILLAGE,
ERNAKULAM DISTRICT,
THRIKKAKARA POLICE STATION.
4. THE TALUK SURVEYOR,
KANAYANNOOR TALUK OFFICE,
ERNAKULAM - 682 011.
BY GOVERNMENT PLEADER SHRI MOHAMMAD SHAH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22-08-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX IN W.P.(C)No.20051/12
PETITIONER'S EXTS:
EXT.P1: COPY OF APPLICATION SUBMITTED FOR MEASUREMENT OF THE
PROPERTY.
EXT.P2: COPY OF APPLICATION SUBMITTED FOR MEASUREMENT OF THE
PROPERTY.
EXT.P3: COPY OF APPLICATION SUBMITTED FOR MEASUREMENT OF THE
PROPERTY.
EXT.P4: COPY OF APPLICATION SUBMITTED FOR MEASUREMENT OF THE
PROPERTY.
EXT.P5: COPY OF APPLICATION SUBMITTED FOR MEASUREMENT OF THE
PROPERTY.
EXT.P6: COPY OF APPLICATION SUBMITTED BEFORE THE 1ST RESPONDENT.
EXT.P7: COPY OF INTERIM ORDER DT.15.5.2012 IN W.P.(C)NO.11148/12 OF
THIS COURT.
RESPONDENTS' EXTS: NIL
TRUE COPY
P.A.TO JUDGE
dsn
T.R.RAMACHANDRAN NAIR, J.
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W.P.(C).No.20051 OF 2012
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DATED THIS THE 22ND DAY OF AUGUST, 2012
JUDGMENT
The petitioners are husband and wife, who were having certain items of properties mentioned in paragraph No.1 of the Writ Petition. It is averred that the 2nd petitioner has got title over the property as per partition deed No.108/82. The grievance raised is that in spite of several requests, respondents are not taking steps to measure out the properties as per the title deed, fix up the boundary and effect mutation.
2. Exhibits P1 to P5 are the different applications stated to have been submitted by the petitioners and since no effective action is being taken, the petitioners approached the 1st respondent also by Exhibit P6 application.
3. In paragraph No.3 of the Writ Petition, the petitioners have averred that they were informed that the application was forwarded to the Village Officer, Vazhakkala and the Thandapper register and other records have been returned to the Tahsildar on 20.6.2012 and the same have been numbered as 9229/12, WPC.20051/12 9228/12, 9227/12, 9226/12, 9225/12 in file Nos.S1 and S2.
4. Now, the action will have to be finalised by the Tahsildar. The learned Government Pleader submitted that if there are any claim by third parties,the same also will have to be verified by the Tahsildar. Therefore appropriate decision will be taken in the matter and the request of the petitioners to fix up the boundary after measurement will be considered and steps will be taken in the matter by the 2nd respondent, if necessary, by issuing notice to the nearby owners also, within a period of three months from the date of production of a copy of this judgment along with a copy of the Writ Petition.
The Writ Petition is disposed of as above.
SD/-(T.R.RAMACHANDRAN NAIR, JUDGE ) dsn