Disposed

Abin George v. the Tahsildar (Lr)

Kerala HC13 Nov 2023WP(C)/21133/2023

Case brief

AI extract

What is this about?

Petitioner, owner of property land, sought direction to respondents to consider an application and issue a survey sketch with measurements. The court directed the Tahsildar and Taluk Surveyor to finalize the request in Ext.P9 within three months, ensuring notices to affected parties.

What did the court decide?

Direction to respondents 1 and 2 to consider and finalise the request in Ext.P9 within three months and keep Ext.P10 notice proceedings in abeyance.

Abin George Vs the Tahsildar (Lr) — Land Acquisition | Kerala HC (2023)

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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 VIJU ABRAHAM

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MONDAY, THE 13TH DAY OF NOVEMBER 2023 / 22ND KARTHIKA, 1945

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WP(C) NO. 21133 OF 2023

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PETITIONER:

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ABIN GEORGE, AGED 35 YEARS
S/O VARGHESE M.D.@ BABU MEDATHIL HOUSE,
PERUMBALLOR P.O, ARAKKUZHA, MUVATTUPUZHA,
ERNAKULAM DISTRICT, PIN - 686673

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BY ADVS.
K.R.PRATHISH
P.K.SREEVALSAKRISHNAN
JOEL CHALAMANA

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RESPONDENTS:

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1 THE TAHSILDAR (LR)

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MUVATTUPUZHA TALUK OFFICE, MINI CIVIL STATION,
MUVATTUPUZHA , ERNAKULAM DISTRICT, PIN - 686669

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2 TALUK SURVEYOR

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MUVATTUPUZHA TALUK OFFICE, MINI CIVIL STATION, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686669

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3 THE VILLAGE OFFICER ARAKKUZHA VILLAGE OFFICE, ARAKKUZHA,P.O MUVATTUPUZHA, ERNAKULAM, PIN - 686672

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4 ARAKUZHA GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, ARAKUZHA P.O. MUVATTUPUZHA, ERNAKULAM, PIN - 686672

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OTHER PRESENT:

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GP - RIYAL DEVASSY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) No.21133 of 2023

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VIJU ABRAHAM, J.

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W.P (C) No. 21133 of 2023

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Dated this the 13^th day of November, 2023

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JUDGMENT

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Petitioner has approached this Court seeking a direction to respondents 1 and 2 to consider Ext.P9 application and to issue the survey sketch of the property with measurements within a time limit to be fixed by this Court. Petitioner is the owner of an extent of 4.5 Ares of property in survey no.729/1-17 of Arakkuzha Village, Muvattupuzha Taluk by virtue of Ext.P1 sale deed.

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When the matter was taken up for consideration the learned Government Pleader upon instructions submitted that Ext.P9 has been received and pending before the authorities concerned and appropriate action as requested will be taken without any delay.

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Heard the learned counsel for the petitioner, learned Government Pleader and the learned standing counsel for the 4^th respondent.

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Since Ext.P9 is now pending before respondents 1 and 2, they are duty bound to take appropriate action on the basis of the same and complete the same within a time limit. Therefore the writ petition is disposed of with a direction to respondents 1 and 2 to consider and finalise the request made in Ext.P9 application within a period of three months from the date of receipt of a copy of the judgment. It is made

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WP(C) No.21133 of 2023

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clear that in the process of survey, notice shall be issued to all affected parties. Till proceedings are finalised as directed above, further proceedings pursuant to Ext.P10 notice shall be kept in abeyance.

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With the above directions the writ petition is disposed of.

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Sd/-

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VIJU ABRAHAM JUDGE

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cks

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WP(C) No.21133 of 2023

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APPENDIX OF WP(C) 21133/2023

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PETITIONER EXHIBITS

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`Exhibit`	`P1` `TRUE COPY OF THE SALE DEED DATED`
	`05.12.2013 BEARING NO.5439 OF 2013 OF` `MUVATTUPUZHA SUB REGISTRY`
`Exhibit`	`P2` `TRUE COPY OF THE TAX RECEIPT DATED` `10.04.2023 ISSUED BY THE 3RD RESPONDENT` `IN THE NAME OF THE PETITIONER`
`Exhibit`	`P3` `TRUE COPY OF THE PATTA NO.2316 OF 1978` `DATED 15.05.1978`
`Exhibit`	`P4` `TRUE COPY OF THE POSSESSION CERTIFICATE` `DATED 04.08.2022 ISSUED BY THE 3RD` `RESPONDENT`
`Exhibit`	`P5` `TRUE COPY OF THE REPLY LETTER ISSUED BY` `THE PETITIONER DATED 21.12.2022 TO THE` `4TH RESPONDENT`
`Exhibit`	`P6` `TRUE PHOTOGRAPHS SHOWING THE LIE AND` `NATURE OF THE PETITIONER'S PROPERTY AND` `ITS SURROUNDINGS`
`Exhibit`	`P7` `TRUE COPY OF THE LETTER DATED 06-01-` `2023 ISSUED BY THE 4TH RESPONDENT` `PANCHAYAT TO THE PETITIONER'S FATHER`
`Exhibit`	`P8` `TRUE COPY OF THE NOTICE OF MEASUREMENT` `DATED 06-06-2023 ISSUED BY THE 2ND` `RESPONDENT`
`Exhibit`	`P9` `TRUE COPY OF THE APPLICATION GIVEN BY` `THE PETITIONER'S FATHER TO THE 1ST` `RESPONDENT DATED 16-06-2023`
`Exhibit`	`P10` `TRUE COPY OF THE NOTICE DATED` `31.07.2023 ISSUED BY THE 4TH RESPONDENT` `PANCHAYAT`

Abin George v. the Tahsildar (Lr)

Case brief

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Abin George v. the Tahsildar (Lr)

Case brief

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