Disposed
Charles K. Thomas v. District Collector, Idukki
Kerala HCWP(C)/3698/2018
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COURT OF KERALA AT ERNAKULAM PRESENT THE…
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
TUESDAY,THE 13TH DAY OF NOVEMBER 2018/22ND KARTHIKA, 1940
WP(C).No. 3698 of 2018
PETITIONER/S:
CHARLES K. THOMAS, AGED 59 YEARS S/O. THOMAS, KOTTARATHARA HOUSE, THUDANGANAD, OTTALLOOR P.O., THODUPUZHA TALUK, IDUKKI DISTRICT.
BY ADVS. SRI.P.M.JOSHI SMT.ELIZABETH KOSHY SMT.SIJI K.PAUL
RESPONDENT/S:
THODUPUZHA TALUK, THODUPUZHA, IDUKKI DISTRICT, PIN - 685 684.
5 MARY, AGED 65 YEARS W/O. VARGHESE THOMAS, THAZHETHIL HOUSE, THUDANGANAD, OTTALLOOR P.O., THODUPUZHA TALUK, IDUKKI DISTRICT, PIN - 685 586.
BY ADV. GOVERNMENT PLEADER
OTHER PRESENT:
SMT.A.C.VIDHYA, GOVT.PLEADER FOR R-1 to R-4.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P(C).No.3698 of 2018
ALEXANDER THOMAS, J.
W.P(C).No.3698 of 2018
Dated this the 13th day of November, 2018.
J U D G M E N T
The prayers in this Writ Petition (Civil) are
as follows:
| “i. | Quash Exhibit-P4/sub-division |
|---|---|
| statement in LAR/46/10 in LAC | |
| No.2/09 to the extent of the | |
| property acquired from the |
|
| petitioner. | |
| ii. | Set aside Exhibit-P6 order issued by |
| the 1strespondent to the extent | |
| negating remedy and relegating | |
| petitioner to civil court. | |
| iii. | Issue writ of mandamus or |
| appropriate writ or directions to | |
| respondents 1 and 3 to correct the | |
| anomaly of survey sub division | |
| number by reducing property in | |
| 313/7-4, 7-5 from Tandaper No.1697. | |
| Or in the alternative | |
| iv. | Issue writ of mandamus or |
| appropriate writ or directions to |
|
| the 3rdrespondent to cancel the | |
| endorsement in Exhibit-P1 noting |
|
| acquisition as per LAR/46/10 in LAC | |
| No.2/09. | |
| Or in the alternative | |
| v. | Issue writ of mandamus or |
| appropriate writ or directions to | |
| the 5threspondent to co-operate with | |
| petitioner to correct the mistake in | |
| survey number of the property of | |
| both parties, without affecting the | |
| property in possession of either | |
| party, without affecting the |
|
| property in possession of either | |
| party, by executing proper deed | |
| before SRO, Thodupuzha.” |
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W.P(C).No.3698 of 2018
2. Sri.P.M.Joshi, learned counsel for the petitioner, submits that the above Writ Petition may be closed as the parties are seeking out of court settlement.
Recording, the abovesaid submission of the learned counsel for the petitioner, the above Writ Petition (Civil) will stand finally disposed of.
Sd/-
ALEXANDER THOMAS,
JUDGE.
bkn/-
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W.P(C).No.3698 of 2018
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE SALE DEED NO. 2101/96 DATED 24.05.1996 OF SRO, THODUPUZHA.
EXHIBIT P2 THE TRUE COPY OF THE APPLICATION DATED 16.02.2016 SUBMITTED BY PETITIONER TO THE 1ST RESPONDENT.
EXHIBIT P3 THE TRUE COPY OF THE REPORT DATED 23.06.2016 OF 2ND RESPONDENT.
EXHIBIT P4 THE TRUE COPY OF THE DEFECTIVE SUB DIVISION STATEMENT SANCTIONED BY 3RD RESPONDENT.
EXHIBIT P5 THE TRUE COPY OF THE JUDGMENT HON'BLE HIGH COURT OF KERALA IN W.P.(C)NO. 6159/2017 DATED 16.03.2017.
EXHIBIT P6 THE TRUE COPY OF THE ORDER DATED 19.09.2017 PASSED BY THE 1ST RESPONDENT.
Charles K. Thomas
District Collector, Idukki
District Survey Superintendent
Special Tahsildar La, Thodupuzha
Tahsildar, Thodupuzha
Mary
Alexander Thomas
As recorded by the court registry
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