The Court disposed of a writ petition by directing the 2nd respondent to finalize proceedings under Ext.P1 concerning disputed land within two months, with notice to all interested parties.
Direct the 2nd respondent to finalize proceedings under Ext.P1 within two months, giving notice to the petitioner and other interested parties.
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 P.R.RAMACHANDRA MENON
WEDNESDAY, THE 4TH DAY OF FEBRUARY 2015/15TH MAGHA, 1936
WP(C).No. 713 of 2015 (L)
PETITIONER :
JOY SEBASTIAN, S/O. DEVASSY, AGED 59 YEARS, RESIDING AT KAPYARU MALAYIL, ARAKUZHA VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM.
BY ADV. SRI.P.M.SEBASTIAN
RESPONDENT(S):
1. ARAKUZHA GRAMA PANCHAYATH, REPRESENTED BY THE SECRETARY, ARAKUZHA P.O., MUVATTUPUZHA - 686 661.
2. THE TAHSILDAR, TALUK OFFICE, MUVATTUPUZHA, PIN-686 661.
3. THE DISTRICT COLLECTOR, ERNAKULAM (DT), KAKKANAD, ERNAKULAM - 682 030.
4. TALUK SURVEYOR,
R1 BY ADVS. SRI.REJI GEORGE SRI.GOPAKUMAR G. (ALUVA) R2 TO R4 BY SR GOVERNMENT PLEADER SRI.JOSEPH GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C).No. 713 of 2015 (L)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT-P1TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 30/01/2014. EXHIBIT-P2TRUE COPY OF THE PETITION DATED 12/02/2014 SUBMITTED BEFORE THE IST RESPONDENT EXHIBIT-P3TRUE COPY OF THE PETITION DATED 28/03/2014 FILED BEFORE THE 3RD RESPONDENT. EXHIBIT-P4TRUE COPY OF THE LEETTER ISSUED TO THE PETITION BY THE IST RESPONDENT DATED 06/08/2014. EXHIBIT-P5TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DATED 29/09/2014.
RESPONDENT(S)' EXHIBITS: NIL
/TRUE COPY/
P.A.TO.JUDGE
sts
P.R. RAMACHANDRA MENON, J.
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W.P.(C). No. 713 of 2015
Dated this the 4th day of February, 2015
JUDGMENT
The petitioner has approached this Court with the following
prayers:
“a. To issue a writ of mandamus or any other appropriate writ order or direction, directing the 1st and 2nd respondents to take immediate steps pursuant to Ext.P2, Ext.P1 petitions.
b. To issue a writ of mandamus or any other appropriate writ order or direction, directing the 1st and 2nd respondents to measure and identify the Purampoke land, public tank and canal situated in Sy.No.81/3A in Arakuzha Village.
c. To issue a writ of mandamus or any other appropriate writ order or direction, directing the respondents to evict the encroachers of the purampoke land in accordance with the rules.”
Standing Counsel for the 1st respondent and the learned Government Pleader for the other respondents.
dispute with regard to the lie and nature of the property concerned could be caused to be finalized by directing the 2nd
W.P.C. No. 713 of 2015 -2-
respondent to consider Ext.P1 and finalize the same with notice to all concerned.
The petitioner shall produce a copy of the judgment along with a copy of the writ petition before second respondent for further steps.
P.R. RAMACHANDRA MENON, JUDGE.
kp/-
1 issue framed by the court
Whether the writ petitioner is entitled to relief directing the Tahsildar to finalize proceedings under Ext.P1 regarding disputed property within two months
3 provisions across 3 enactments
Joy Sebastian
Arakuzha Grama Panchayath
The Tahsildar
The District Collector
Taluq Surveyor
P.R. Ramachandra Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
