Infant Jeses Church vs Themma on 12 July, 2010

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Kerala High Court

Infant Jeses Church vs Themma on 12 July, 2010

Bench: T.R.Ramachandran Nair

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 21613 of 2009(O)


1. INFANT JESES CHURCH,BROADWAY,ERNAKULAM
                      ...  Petitioner

                        Vs



1. THEMMA,W/O.VARGHESE,AGED 52,HOUSE HOLD
                       ...       Respondent

2. GEORGE PALATHINGAL,S/O.LATE ALEXANDER

3. ASHA PALATHINGAL,D/O.LATE ALEXANDER

4. NIRMALA PALATHINGAL,D/O.LATE ALEXANDER

5. ARUN RAJAGOPAL,AGED 25,P.O.BOX NO.139,

6. POORNITH JOBOY,AGED 19,C/O.JOBOY NINAN,

                For Petitioner  :SRI.K.L.JOSEPH

                For Respondent  :SRI.M.GOPIKRISHNAN NAMBIAR

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :12/07/2010

 O R D E R
               T.R.RAMACHANDRAN NAIR, J.
                --------------------------------------
                 W.P.(C) No.21613 OF 2009
                --------------------------------------
            Dated this the 12th day of July, 2010

                        J U D G M E N T

~~~~~~~~~~~ The Writ Petition is filed by the petitioner for a direction to dispose of Exts.P4 and P5 Revision Petitions pending before the 1st respondent, District Collector, Pathanamthitta.

2. The petitioner and her late husband were in possession and enjoyment of 22 cents of land in Re-Survey Nos.477/12, 477/6 and 477/13 of Kulanda Village. There is a pathway passing through the eastern side of the petitioner's property. The 4th respondent claimed that the width of the pathway was encroached upon by the petitioner and accordingly proceedings were initiated by the Tahsildar, namely, the 3rd respondent. Now the petitioner is aggrieved by Ext.P2 order passed by the Tahsildar. The petitioner has filed Ext.P4 Revision Petition before the District Collector. Ext.P5 is another Revision Petition filed by the petitioner before the District Collector under the Kerala Survey and Boundaries Act. W.P.(C) No.21613/2009 2

3. There will be a direction to the 1st respondent, District Collector, to take a decision on Exts.P4 and P5 Revision Petitions, after hearing the petitioner and the 4th respondent, within a period of two months from the date of receipt of a copy of this judgment. The petitioner will produce a copy of this Writ Petition along with a copy of the judgment before the 1st respondent for compliance.

The Writ Petition is disposed of as above.

(T.R.RAMACHANDRAN NAIR, JUDGE) ps

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