Directing the 1st respondent to issue a survey plan for the property covered by Ext.P5 within three weeks. All other remedies before the Civil Court are left open.
Directed the 1st respondent to issue a survey plan of the property covered by Ext.P5 within three weeks.
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 T.R.RAVI
FRIDAY, THE 10TH DAY OF JUNE 2022 / 20TH JYAISHTA, 1944
WP(C) NO. 161 OF 2020
PETITIONERS:
1 SUHRA AGED 50 YEARS, W/O. ASSIZ, ULUKKATHU HOUSE, ADIYAM KARA, VADAYAR VILLAGE, VAIKOM TALUK
2 VAHEEDA, AGED 44 YEARS, W/O. ABDUL MAJEED, KOCHUMANALEL HOUSE, THALAYOLAPARAMBU KARA, VADAYAR VILLAGE, VAIKOM TALUK
BY ADVS. E.N.VISHNU NAMBOODIRI SRI.M.K.SASEENDRAN (MELEL) SRI.NARAYANAN P POTTY SRI.VINOD RAJKUMAR SRI.P.SANKARAN NAMPOOTHIRI
RESPONDENTS:
1 THE TAHSILDAR (LAND RECORDS) VAIKOM TALUK, VAIKOM, PIN-686 141 2 THE VILLAGE OFFICER KULASEKHARAMANGALAM VILLAGE, VAIKOM, PIN-686 608
3 O.K.CHITHRABHANU AGED 66 YEARS, S/O. KARUNAKARAN, NAVAJEEVAN HOUSE, ANNAMKUNNU KARA, MUTTAMBALAM VILLAGE, KOTTAYAM TALUK, PIN-686 002
4 SURESH BABU AGED 51 YEARS, S/O. SIVADASAN, POOVATHINKAL HOUSE, VADAKKUMBHAGOM MURI, KULASEKHARAMANGALAM VILLAGE, VAIKOM,PIN-686 608
WP(C) NO. 161 OF 2020
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5 SUDHEESH CHANDRAN AGED 48 YEARS, S/O. SIVADASAN, POOVATHINKAL HOUSE, VADAKKUMBHAGOM MURI, KULASEKHARAMANGALAM VILLAGE, VAIKOM,PIN-686 608 BY ADVS. SRI.P.C.HARIDAS SRI.R.S.KALKURA SRI.M.S.KALESH
SMT. DEEPA. V. GOVT. PLEARDER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 161 OF 2020
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T.R. RAVI, J.
W. P. (C). No. 161 of 2020
Dated this the 10th day of June, 2022
JUDGMENT
When the case is taken up today, counsel for the petitioners submits that the petitioners would like to limit their prayer for a direction to the 1st respondent to issue a survey plan of the property covered by Ext.P5 and allow them to pursue their other remedies before the Civil Court.
In the light of the limited prayer made, this writ petition is disposed of directing the 1st respondent to issue a survey plan of the property covered by Ext.P5 to the petitioners within three weeks from the date of receipt of a certified copy of this judgment. All the rights of the petitioners and respondents 3 to 5 to move before the appropriate Civil Courts are left open.
Sd/-
T.R. RAVI JUDGE
Pn
WP(C) NO. 161 OF 2020
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APPENDIX OF WP(C) 161/2020
PETITIONERS' EXHIBITS
| EXHIBIT P1 | TRUE COPY OF PLAINT IN O.S.NO.283/2013 FILED BY THE PETITIONERS BEFORE THE PRINCIPAL SUB COURT, KOTTAYAM DATED 20.5.2013 |
|---|---|
| EXHIBIT P2 | TRUE COPY OF DECREE IN O.S NO.283/2013 OF PRINCIPAL SUB COURT, KOTTAYAM DATED 5.8.2015 |
| EXHIBIT P3 | TRUE COPY OF E.P.NO.230/2015 IN O.S.NO.283/2013 FILED BY THE PETITIONERS BEFORE THE HON'BLE SUB COURT, KOTTAYAM |
| EXHIBIT P4 | TRUE COPY OF B DIARY IN EXECUTION PETITIONS SHOWING THE PROCEEDINGS IN E.P.NO.230/2015 IN O.S.NO.283/2013 OF THE HON'BLE SUB COURT, KOTTAYAM |
| EXHIBIT P5 | TRUE COPY OF SALE CERTIFICATE ISSUED BY THE HON'BLE SUB COURT, KOTTAYAM DATED 1.6.2019 |
| EXHIBIT P6 | TRUE COPY OF APPLICATION SUBMITTED BY THE PETITIONERS IN E.P. NO.230/2015 IN O.S.NO. 283/2013 BEFORE THE HON'BLE SUB COURT, KOTTAYAM DATED 8.7.2019 |
| EXHIBIT P7 | TRUE COPY OF BASIS TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, KULASHEKHARAMANGALAM VILLAGE FOR THE PAYMENT OF LAND TAX TO THE PROPERTY DATED 20.8.2019 |
| EXHIBIT P8 | TRUE COPY OF LETTER FORWARDED TO THE 1ST RESPONDENT BY 2ND RESPONDENT DATED 2.10.2019 |
| EXHIBIT P9 | TRUE COPY OF REPRESENTATION SUBMITTED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT DATED 4.10.2019 |
WP(C) NO. 161 OF 2020
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EXHIBIT P10 TRUE COPY OF ACKNOWLEDGMENT DATED 1.11.2019 ISSUED BY THE OFFICE OF 1ST RESPONDENT
2 issues framed by the court
Whether the 1st respondent is directed to issue a survey plan for the property covered by Ext.P5 to the petitioners?
Whether the petitioners' rights to pursue other remedies before the Civil Court remain open?
SUHRA
VAHEEDA
THE TAHSILDAR (LAND RECORDS)
THE VILLAGE OFFICER KULASEKHARAMANGALAM
O.K.CHITHRABHANU
SURESH BABU
T.R. RAVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
