Disposed

Mini Kumari K v. the Tahsildar, Ambalappuzha

Kerala HC10 Mar 2017WP(C)/3156/2016

Case brief

AI extract

What is this about?

Petitioner filed a writ seeking consideration of her survey application under the Kerala Survey and Boundaries Act. The court directed the Tahsildar to consider the application after ensuring participation of the petitioner and parties to a pending related suit.

What did the court decide?

Directed the 1st respondent to consider the petitioner's survey application within two months after allowing participation of interested parties.

Mini Kumari K Vs the Tahsildar, Ambalappuzha — 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 SHAJI P.CHALY

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FRIDAY, THE 10TH DAY OF MARCH 2017/19TH PHALGUNA, 1938

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WP(C).No. 3156 of 2016 (T)

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PETITIONER(S):

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SMT.MINI KUMARI. K., W/O. MURUKESAN K.P, AGED 55 YEARS, KUTTIPURATHU HOUSE, THUMPOLLY P.O., ALAPPUZHA- 8.

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BY ADV. SRI.JAMES ABRAHAM (VILAYAKATTU).

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RESPONDENT(S):

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1. THE TAHSILDAR, TALUK OFFICE, AMBALAPPUZHA- 688 561.

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2. THE VILLAGE OFFICER, KOMALAPURAM VILLAGE OFFICE,

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ALAPPUZHA DISTRICT, PIN- 688 006.

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BY SR. GOVT. PLEADER SMT.K.R. DEEPA.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/03/2017, ALONG WITH WP(C). NO.34730 OF 2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rs.

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WP(C).No. 3156 of 2016 (T)

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXHIBIT P1	A TRUE COPY OF THE SALE DEED NO.2162/87 OF ALAPPUZHA SRO.
EXHIBIT P2	A TRUE COPY OF THE TAX RECEIPT DATED 05-09-2014 ISSUED BY THE KOMALPURAM VILLAGE.
EXHIBIT P3	A TRUE COPY OF THE RECEIPT DATED 06-12-2013 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P4	A TRUE COP[Y OF THE APPLICATION DATED 17-07-2015 SUBMITTED BEFORE THE 1ST RESPONDENT.

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RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY//

P.S. TO JUDGE

rs.

SHAJI P.CHALY, J.

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= = = = = = = = = = = = = = = = = = = = = W.P.(C) Nos. 3156 of 2016 & 34730 of 2016

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- - - - - - -- - - - - - - - - - - - - - - - - - - Dated this the 10^th day of March, 2017

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J U D G M E N T

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The subject matter of the captioned writ petitions

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is in respect of survey of a property situate in re-survey No.180/2.2 of Komalapuram Village, Ambalappuzha Taluk, evident from Ext.P1 sale deed. The petitioner in W.P.(C) No. 3156 of 2016 has submitted Ext.P4 application, apparently, under the provisions of the Kerala Survey and Boundaries Act and Rules, 1961 appended thereto.

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Learned counsel appearing for the petitioner in W.P.(C) No.34730 of 2016 submitted that, a suit is pending in respect of the very same property and an injunction is granted in the said suit. Anyhow, learned counsel for the petitioner in W.P.(C) No. 3156 of 2016 has a case that he is not a party in the aforesaid suit. In my considered opinion, since Ext.P4 is a statutory application, the authority is vested with power to consider the application, providing sufficient participation to the respective contesting parties and

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W.P.(C) Nos. 3156 of 2016 & 34730 of 2016

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-: 2 :-

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attain finality to the same, unless he is interdicted

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by any orders of court in the aforesaid suit or any other proceedings.

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Therefore, there will be a direction to the 1^st

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respondent to take on board Ext.P4 submitted by the petitioner and consider the same, in accordance with law, after providing sufficient participation to the petitioner as well as the petitioner in W.P.(C) No.34730 of 2016, any other interested persons and attain finality to the same, within two months from the date of receipt of a copy of this judgment. I make it clear that, any such decision taken will be subject to the result of the suit, if the properties in question are one and the same.

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Writ Petitions are disposed of accordingly.

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Sd/- SHAJI P. CHALY,

JUDGE

DST

//True copy//

P.A. To Judge

Mini Kumari K v. the Tahsildar, Ambalappuzha

Case brief

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Mini Kumari K v. the Tahsildar, Ambalappuzha

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