Court examined petitioners' plea requesting demarcation of government-acquired property. Noted that property was already surveyed by Village Officer as per counter affidavit. Consequently, petition dismissed.
Dismissal of the Writ Petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
WEDNESDAY, THE 4TH DAY OF JULY 2012/13TH ASHADHA 1934
WP(C).No. 3388 of 2006 (C)
PETITIONER(S):
1. PULLOONI SHANKARAN, S/O.PERANTHAN,
2. KUNNUMMAL SUBRAHMANIAN,
BY ADV. SRI.T.KRISHNAN UNNI (SR.)
RESPONDENT(S):
1. DISTRICT COLLECTOR, MALAPPURAM.
2. NANNAMBRA GRAMA PANCHAYATH,
3. PALAYAKKODAN MOIDEEN HAJI, S/O.AHAMMED HAJI, POST THEYYALINGAL MALAPPURAM DISTRICT.
BY ADV. SRI.P.K.SURESH KUMAR BY ADV. SRI.K.P.SUDHEER BY ADV. SRI.S.V.BALAKRISHNA IYER (SR.) BY ADV. SRI.HARISH R. MENON R1 BY GOVERNMENT PLEADER SMT.SAREENA GEORGE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-07-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
tss
W.P.(C) NO.3388/2006
APPENDIX
PETITIONER'S EXHIBITS:-
P1:- COPY COPY OF THE DOCUMENT NO.333/1975 OF THE 3RD RESPONDENT.
P2:- COPY OF THE DOCUMENT NO.329/1973 FROM THE KHADERKUTTY HAJI AND HIS WIFE.
P3:-- COPY OF THE DOCUMENT NO.330/1973 FROM ONE ALIKUTTY.
P4:- COPY OF THE EXCHANGE DEED 105/1983.
P5:- COPY OF THE RESOLUTION OF THE GRAMA PANCHAYATH DTD. 15.2.2001.
P6:- COPY OF THE COMMUNICATION FROM ADDITIONAL TAHSILDAR, TIRURANGADI DTD. 30.3.2001.
P7:- COPY OF THE COMMUNICATION OF THE DISTRICT COLLECTOR, MALAPPURAM TO THE GRAMA PANCHAYATH DTD. 25.11.2002.
P8:- COPY OF THE DECISION OF THE MANNAMBRA GRAMA PANCHAYATH DTD. 24.4.2001.
P9:- COPY OF THE RSOLUTION OF THE MANNAMBRA GRMA PANCHAYATH DTD. 29.2.2003.
P10:- COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN W.P.(C) 22251/04 DTD. 16..8.2004.
P11:- COPY OF THE DECISION OF THE GRAMA PANCHAYATH DTD. 25.8.2005.
P12:- COPY OF THE REPRESENTATION FILED BY THE PETITIONERS DTD. 6.1.2006.
RESPONDENT'S EXHIBITS:-
R3(a):- COPY OF WP(C) 22251/2004 FI;LLED BY THE 2ND PETITIONER BEFORE THIS HONOURABLE COURT.
R3(b):- COPY OF PLAN OF THE LAKSHAMVEEDU COLONY PREPARED BY THE VILLAGE OFFICE, NANNAMBRA.
R3(c):- COPY OF PLAINT IN OS. 130/2004 FILED BEFORE THE MUNSIFF'S COURT, PARAPPANANGADI.
//TRUE COPY//
P.A. TO JUDGE
tss
ANTONY DOMINIC, J
W.P.(C).3388/2006
Dated this the 4th day of July, 2012
JUDGMENT
The first prayer sought in this writ petition reads as
under:-
“Issue a writ of mandamus or any other appropriate writ order or direction directing the 1st and 2nd respondents to take immediate steps to measure, demarcate and to fix boundaries of the property acquired by the Government by Exts.P1 to P4 for the purpose of establishing a colony under One Lakh Housing Scheme in Ward No.XV of Nannambra Grama Panchayath”
In the light of the above, this writ petition is only to be dismissed and I do so.
ANTONY DOMINIC, Judge
mrcs
1 issue framed by the court
Whether the first prayer in the writ petition causes failure of justice or denial of right which cannot be established by another proceeding.
PULLOONI SHANKARAN
KUNNUMMAL SUBRAHMANIAN
DISTRICT COLLECTOR, MALAPPURAM
NANNAMBRA GRAMA PANCHAYATH
PALAYAKKODAN MOIDEEN HAJI
ANTONY DOMINIC
ANTONY DOMINIC
As recorded by the court registry
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