Allowed

Thomas v. State of Kerala

Kerala HC19 Jan 2017OP(C)/83/2016

Case brief

AI extract

What is this about?

The High Court of Kerala interfered with the lower court's order dismissing the petitioner's application to appoint a survey commission in a property title dispute. It modified the order to direct the lower court to appoint the commission and fix remuneration payable by the petitioner.

What did the court decide?

Impugned order set aside; lower court directed to appoint survey commission and fix remuneration payable by petitioner.

Thomas Vs State of Kerala — Land Acquisition | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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THURSDAY, THE 19TH DAY OF JANUARY 2017/29TH POUSHA, 1938

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OP(C).No. 83 of 2016 (O)

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OS 88/2015 OF MUNSIFF COURT, PERUMBAVOOR ------------------

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PETITIONER:

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THOMAS,AGED 62, S/O.VARKEY,PARAPPURATH HOUSE,VADAVUCODE KARA, VADAVUKODE VILLAGE,KUNNATHUNADU TALUK.

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BY ADVS.SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM SRI.N.RAJESH

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RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, ERNAKULAM,CIVIL STATION,KAKKANAD-682030.

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2. REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA-686673.

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3. ADDITIONAL TAHSILDAR, KUNNATHUNADU TALUK,PERUMABAVOOR-683542.

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4. VILLAGE OFFICER, VADAVUCODE VILLAGE OFFICE,VADAVUCODE.P.O-682310.

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BY SENIOR GOVERNMENT PLEADER SRI S GOPINATHAN

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THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 19-01-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.V.

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OP(C).No. 83 of 2016 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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----------------------P1 TRUE COPY OF PLAINT IN O.S.88/15 OF MUNSIFF'S COURT,PERUMBAVOOR DATED 27.2.2015

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P2 TRUE COPY OF WRITTEN STATEMENT FILED BY THE DEFENDANTS IN O.S.88/15 OF MUNSIFF'S COURT,PERUMBAVOOR DATED 1.4.15

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P3 TRUE COPY OF ORDER NO C2-216/2011 DATED 22.6.15 ISSUED BY 3RD RESPONDENT TO THE PETITIONER.

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P4 TRUE COPY OF SURVEY PLAN SHOWING THE IYE OF THE PROPERTY SCHEDULED IN EXHIBIT P1 PLAINT.

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P5 TRUE COPY OF I.A.1342/2015 IN O.S.88/15 OF MUNSIFF'S COURT,PERUMBAVOOR DATED 21.7.15

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P6 TRUE COPY OF THE ORDER IN I.A.1342/15 IN O.S.88/15 OF MUNSIFF'S COURT,PERUMBAVOOR DATED 12.11.2015.

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RESPONDENT(S)' EXHIBITS NIL

/TRUE COPY/

P.A.TO JUDGE

K.V.

A. MUHAMED MUSTAQUE, J.

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O.P.(C) No. 83 of 2016

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Dated this the 19^th day of January, 2017

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J U D G M E N T

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1.The petitioner is the plaintiff in a suit for declaratory decree and permanent prohibitory injunction.

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2.He filed an application for appointing a survey commission to identify the plaint schedule properties. According to the plaintiff, plaint B schedule property belongs to him. According to the defendants, plaint B schedule property belongs to the State Government and accordingly, they initiated proceedings under the Land Conservancy Act.

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3.The question revolves around the title of the plaint B schedule property. The application for appointing a survey commission was dismissed by the court below, stating that in a dispute regarding title of a property, there is no need to appoint a commission.

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4.This Court is of the view that the order has to be

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O.P.(C) No. 83 of 2016

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interfered with. In that view of the matter, the impugned order is set aside. The court below shall appoint a survey commission and fix remuneration payable to the commissioner, which shall be paid by the petitioner.

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5.The original petition is disposed of, as above.

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Sd/- A. MUHAMED MUSTAQUE JUDGE

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bka/-

Thomas v. State of Kerala

Case brief

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Thomas v. State of Kerala

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