Asha Thomas vs District Collector on 3 March, 2020

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Kerala High Court

Asha Thomas vs District Collector on 3 March, 2020

Bench: A.Muhamed Mustaque

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

    TUESDAY, THE 03RD DAY OF MARCH 2020 / 13TH PHALGUNA, 1941

                        WP(C).No.3119 OF 2018(L)


PETITIONER/S:

      1         ASHA THOMAS, AGED 68, W/O. THOMAS B. A.,
                BHARANIKULANGARA HOUSE, THURAVOOR KARA, ALUVA TALUK.

      2         ANIL SONY B. T., AGED 42, S/O. THOMAS B. A.,
                BHARANIKULANGARA HOUSE, THURAVOOR KARA, ALUVA TALUK.

      3         SAJAN B. THOMAS, AGED 39, S/O. THOMAS B. A.,
                BHARANIKULANGARA HOUSE, THURAVOOR KARA, ALUVA TALUK.

      4         SHEETHAL JOSE ALAPPAT, AGED 30, W/O. LATE SUMESH B.
                THOMAS, R/O. FLAT NO.H-102, NANDI WOODS APARTMENTS,
                BANGALORE.

      5         THOMAS B. SUMESH, AGED 6, MINOR, R/O. FLAT NO.H-102,
                NANDI WOODS APARTMENTS, BANGALORE, REP. BY MOTHER AND
                GUARDIAN SHEETHAL JOSE ALAPPAT.

      6         JOSEPH B. SUMESH, AGED 4, MINOR, R/O. FLAT NO.H-102,
                NANDI WOODS APARTMENTS, BANGALORE, REP. BY MOTHER AND
                GUARDIAN SHEETHAL JOSE ALAPPAT.

                BY ADVS.
                SRI.VIJU ABRAHAM
                SRI. BABY T.P
                SRI.ALBERT V.JOHN
                SMT.ROSHNI MANUEL


RESPONDENT/S:

      1         DISTRICT COLLECTOR, ERNAKULAM-682030.

      2         DEPUTY DIRECTOR OF SURVEY AND LAND RECORDS,
                COLLECTORATE, KAKKANAD, ERNAKULAM-682030.

      3         TAHASILDAR, TALUK OFFICE, ALUVA-683101.

      4         SUPERINTENDENT OF SURVEY AND LAND RECORDS,
                ALUVA TALUK, ALUVA, ERNAKULAM-683101.
 WP(C).No.3119/2018           2


      5      HEAD SURVEYOR AND APPROVING AUTHORITY,
             REGISTRATION SUB-DISTRICT SURVEY OFFICE, ANGAMALY,
             ERNAKULAM-683572.

      6      SUB-REGISTRAR, OFFICE OF THE SUB-REGISTRAR,
             ANGAMALY-683572.

      7      AUGUSTINE, S/O.VARGHESE B. A., BHARANIKULANGARA
             HOUSE, THURAVOOR KARA, ALUVA TALUK-683101.

      8      JOSE, S/O. VARGHESE B. A.,BHARANIKULANGARA HOUSE,
             THURAVOOR KARA, ALUVA TALUK-683101.

      9      JOHNSON, S/O. VARGHESE B. A.,BHARANIKULANGARA
             HOUSE, THURAVOOR KARA, ALUVA TALUK-683101.

            BY GOVERNMENT PLEADER, SMT.A.C.VIDYA
            BY ADV. SRI.SUNIL N.SHENOI
            BY ADV. SRI.P.VISWANATHAN


THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
03.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3119/2018               3



                            JUDGMENT

Dated this the 3rd day of March, 2020 The petitioners entered into a partition deed. The said deed has to be registered before the Sub Registrar, Ankamaly where a Torrance system is applied. Therefore, a sketch showing the sub division number will have to be appended along with the partition deed for registration. The problem faced by the petitioners is on account of the claim made by respondents 7 to 9. They claim a right of way through a portion of the property, which is partitioned. Their claim is pending before the civil court.

2. The dispute can be resolved if the sub division is assigned for all properties including the pathway claimed by party respondents 7 to 9 and a sketch issued to the petitioners. The claim of the pathway, which is being given in a separate sub division would be subject to any decision of the civil court. Therefore, without prejudice to the right of respondents 7 to 9, the sub division shall be effected and a sketch be issued to the petitioners as above for the purpose of registering the partition deed. Needful shall be done to assign the sub division within a period of WP(C).No.3119/2018 4 two months. It is made clear that the property mentioned in Ext.R7(a) should not be covered by the partition deed.

The writ petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE ln WP(C).No.3119/2018 5 APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF LEGAL HEIRSHIP CERTIFICATE OF LATE THOMAS B.A. EXHIBIT P2 A TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE OF LATE SUMESH B. THOMAS.

EXHIBIT P3 A TRUE COPY OF THE TAX RECEIPT. EXHIBIT P4 A TRUE COPY OF THE NOTICE DATED 10.10.2013. EXHIBIT P5 A TRUE COPY OF THE PETITION DATED 27.5.14 BEFORE THE 5TH RESPONDENT.

EXHIBIT P6 A TRUE COPY OF THE ORDER DATED 22.1.15 BY 5TH RESPONDENT. EXHIBIT P7 A TRUE COPY OF THE JUDGMENT IN W.P.C. NO. 1987 OF 2015 DATED 25.3.2015.

EXHIBIT P8 A TRUE COPY OF THE OBJECTION FILED BY THE 7TH RESPONDENT. EXHIBIT P9 A TRUE COPY OF THE ORDER DATED 23.9.2015 ISSUED BY THE ADDL. TAHASILDAR, ALUVA.

EXHIBIT P10 A TRUE COPY OF THE APPEAL SUBMITTED BEFORE THE 1ST RESPONDENT.

EXHIBIT P11 A TRUE COPY OF THE ORDER DATED 26.9.2017 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P12 A TRUE COPY OF THE PLAINT IN O.S. NO. 139 OF 2011 BEFORE THE MUNSIFFS COURT, ALUVA.

EXHIBIT P13 A TRUE COPY OF THE AMENDMENT ACT DATED 22.2.2015. EXHIBIT P14 A TRUE COPY OF THE PROCEEDINGS ISSUED BY THE DIRECTOR OF SURVEY.

EXHIBIT P15 A TRUE COPY OF THE INTERIM ORDER DATED 15.2.2007 IN W.P.C. NO. 4588 OF 2007.

RESPONDENTS EXHIBITS:

EXHIBIT R7(A) :TRUE PHOTOCOPY OF THE PLAINT IN O.S.NO.422 OF 2015 ON THE FILES OF THE MUNSIFF'S COURT, ALUVA. EXHIBIT R7(B) : TRUE PHOTOCOPY OF THE WRITTEN STATEMENT IN O.S.NO.422 OF 2015 ON THE FILES OF THE MUNSIFF'S COURT, ALUVA.

WP(C).No.3119/2018 6

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