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V.J. Joseph @ Kunjumon v. Tahsildar

Kerala HC18 Oct 2023WP(C)/4520/2023

Case brief

AI extract

What is this about?

This writ petition sought a direction to the Taluk Surveyor to finalize proceedings for measuring and demarcating the petitioner's land, which were pending due to the official's transfer. The Court directed the 2nd respondent to complete the measurement within one month.

What did the court decide?

Directed the 2nd respondent to finalise the measurement proceedings within one month, or within three months if not possible.

V.J. Joseph @ Kunjumon Vs Tahsildar — Municipal and Town Planning | 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 MURALI PURUSHOTHAMAN

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WEDNESDAY, THE 18^TH DAY OF OCTOBER 2023 / 26TH ASWINA, 1945

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WP(C) NO. 4520 OF 2023

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PETITIONER:

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V.J. JOSEPH @ KUNJUMON AGED 67 YEARS

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S/O LATE JOHN, VADASSERI HOUSE PALLURUTHY, COCHIN - 682006

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BY ADVS.

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K.S.HARIHARAPUTHRAN PINKU MARIAM JOSE

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RESPONDENTS:

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1 TAHSILDAR

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TALUK OFFICE, X69V+3H3, GROUND FLOOR, KB JACOB RD, FORT KOCHI, KOCHI, KERALA - 682001

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2 TALUK SURVERYOR

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TALUK OFFICE, X69V+3H3, GROUND FLOOR, KB JACOB RD, FORT KOCHI, KOCHI, KERALA - 682001

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BY ADV SR.GOVERNMENT PLEADER ADV.BIMAL K.NATH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 4520 OF 2023 : 2 :

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JUDGMENT

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The petitioner states that he is in absolute possession and enjoyment of 19 cents of property comprised in Sy.Nos.595/1-3 and 601/1-3 of Rameswaram Village, Kochi, as per a registered Will. The petitioner filed Ext.P1 application before the 1^st respondent for measuring and demarcating the boundaries of 12 cents of property now remaining in his possession. The petitioner submits that pursuant to Ext.P1, the 2^nd respondent has measured the property. However, since the incumbent in the office of the 2^nd respondent was transferred elsewhere, the proceedings pursuant to Ext.P1 application is not finalised. Accordingly, the petitioner has filed this writ petition for a direction to the 2^nd respondent to take Ext.P1 to a logical conclusion.

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WP(C) NO. 4520 OF 2023 : 3 :

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Heard the learned counsel for the petitioner and the learned Government Pleader.

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In the facts and circumstances of the case and taking note of the submission of the petitioner that the property was already measured, there will be a direction to the 2^nd respondent to finalise the proceedings pursuant to Ext.P1 within a period of one month from the date of receipt of a copy of this judgment. In case no measurement is taken pursuant to Ext.P1, the said proceedings shall be completed within a period of three months from the date of receipt of a copy of this judgment.

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The writ petition is disposed of as above.

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Sd/MURALI PURUSHOTHAMAN JUDGE

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WP(C) NO. 4520 OF 2023 : 4 :

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APPENDIX

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF A	PPLICATION DATED 22-9-2021
	SUBMITTED BY THE	PETITIONER BEFORE THE 1ST
	RESPONDENT

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Exhibit P2	TRUE COPY OF THE LETTER NO.281/21 DATED 07-10-
	2021 ISSUED BY THE VILLAGE OFFICE, RAMESWARAM TO
	THE 1ST RESPONDENT AND OBTAINED UNDER RTI

V.J. Joseph @ Kunjumon v. Tahsildar

Case brief

What is this about?

What did the court decide?

V.J. Joseph @ Kunjumon v. Tahsildar

Case brief

What is this about?

What did the court decide?

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