Kerala High Court
James K Joseph vs State Of Kerala on 18 February, 2022
Author: Devan Ramachandran
Bench: Devan Ramachandran
WP(C) No.1936/2022 1/2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
Friday, the 18th day of February 2022 / 29th Magha, 1943
WP(C) NO. 1936 OF 2022
PETITIONERS:
1. JAMES K. JOSEPH, AGED 72 YEARS, S/O K.K. JOSEPH, KANNAMPADAM HOUSE,
KIDANGOOR SOUTH P O, KOTTAYAM, PIN-686583.
2. K J KURIAKOSE AGED 74 YEARS S/O K.K. JOSEPH, KANNAMPADAM HOUSE,
KIDANGOOR SOUTH P O, KOTTYAM, PIN-686583.
3. THOMAS K JOSE. AGED 70 YEARS S/O K.K. JOSEPH, KANNAMPADAM HOUSE,
KIDANGOOR SOUTH P O, KOTTYAM, PIN-686564.
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, SURVEY
DEPARTMENT, SECRETARIAT P.O., THIRUVANANTHAPURAM, PIN-695001.
2. THE ASSISTANT DIRECTOR RESURVEY THODUPUZHA, OFFICE OF THE ASSISTANT
DIRECTOR OF RESURVEY, THODUPUZHA P.O., IDUKKI DISTRICT, PIN-685584.
3. THE SUPERINTENDENT OF SURVEY RESURVEY OFFICE, TALUK OFFICE,
PEERUMEDU, AZHUTHA P.O., IDUKKI-685531.
4. THE TAHSILDHAR PEERUMEDU, TALUK OFFICE, PEERUMEDU, AZHUTHA P.O.,
IDUKKI-685531.
5. SPECIAL TAHSILDHAR (L A ) TALUK OFFICE PEERUMEDU, AZHUTHA P.O.,
IDUKKI-685531.
6. TALUK SURVEYOR RESURVEY (L A) TALUK OFFICE PEERUMEDU, AZHUTHA P.O.,
IDUKKI-685531.
7. VILLAGE OFFICER PEERUMEDU, AZHUTHA P.O., IDUKKI-685531.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the respondents 2, 3 and 4 not to finalize the resurvey
proceedings initiated, which is evident from Exhibit P18 notice, in
respect of property in Sy. No.176/1 of Peerumade village by including the
said property in Block No.36 and 37 instead of block No.35 of Peerumade
village and also not to issue any patta in the name of any other person
till the final disposal of O.S. No.177/2010 of Sub Court Kattappana and OS
No. 33/2018 pending before the Munsiff Court Peerumade.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this court's order dated
07.02.2022 and upon hearing the arguments of M/s. T.M.ABDUL LATHEEF and
K.ASHOK SARAN, Advocates for the petitioners and of SRI.JAFFARKHAN, SENIOR
GOVERNMENT PLEADER for R1 to R7, the court passed the following:
ORDER
The learned Senior Government Pleader Sri. Jaffer Khan submits that the competent respondent has already heard the petitioners and that a WP(C) No.1936/2022 2/2 final order will be issued without delay.
Sri. Abdul Latiff, learned counsel for the petitioners, however, submits that if a final order is so issued, then the purpose of this writ petition will be defeated.
Therefore, I adjourn this matter to be called on 09.03.2022; within
which time, the competent respondent will be at liberty to finalise an
order and place it before this court through an appropriate pleading, but
without issuing it formally.
The interim order earlier granted by this court will continue to be in force until the next posting date.
18.02.2022 Sd/- DEVAN RAMACHANDRAN, JUDGE 18-02-2022 /True Copy/ Assistant Registrar