Disposed

Malathi Balachandran v. District Collector

Kerala HC24 Jan 2024WP(C)/2884/2024

Case brief

AI extract

What is this about?

Petitioners sought survey, measurement and demarcation of their 12.60 Ares property in Mattoor Village via an Ext.P3 application. Counsel agreed a direction sufficed; the court disposed of the writ petition directing the 3rd respondent to consider the application and take appropriate steps in accordance with law within three months.

What did the court decide?

Direction to 3rd respondent to consider Ext.P3 survey application within three months.

Malathi Balachandran Vs District Collector — Land Acquisition | Kerala HC (2024)

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WP(C) NO. 2884 OF 2024

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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 P.V.KUNHIKRISHNAN

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WEDNESDAY, THE 24^TH DAY OF JANUARY 2024 / 4TH MAGHA, 1945 WP(C) NO. 2884 OF 2024

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PETITIONER/S:

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1 MALATHI BALACHANDRAN AGED 61 YEARS W/O BALACHANDRAN, PANAMTHANATHU HOUSE, AYIROORPADAM P.O, KOTHAMNGALAM, ERNAKULAM DISTRICT,, PIN - 686692

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2 RAMA DIVAKARAN AGED 59 YEARS W/O DIVAKARAN, PANAYANCHERI HOUSE, PATTIMATTOM P.O, PERUMBAVOOR, ERNAKULAM DISTRICT,, PIN - 683562

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3 BABY GOPALAKRISHNAN AGED 57 YEARS W/O GOPALAKRISHNAN, KANICHATTUPALLATHU HOUSE, PARAKKADAVU P.O, ALUVA, ERNAKULAM DISTRICT,, PIN - 683579

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4 PRASANNA SURENDRAN AGED 55 YEARS W/O SURENDRAN CHATHUPPELEEL HOUSE, MATTOOR P.O, KALADY, ERNAKULAM DISTRICT, PIN - 683574 BY ADVS. P.MOHAMED SABAH LIBIN STANLEY SAIPOOJA SADIK ISMAYIL R.GAYATHRI

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RESPONDENT/S:

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1 DISTRICT COLLECTOR ERNAKULAM, CIVIL STATION, KAKKANAD, ERNAKULAM

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WP(C) NO. 2884 OF 2024 2

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DISRICT, PIN - 682030

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2 THE TAHSILDAR ALUVA TALUK OFFICE, MINI CIVIL STATION, PERIYAR NAGAR, ALUVA, ERNAKULAM DISTRICT, PIN - 683101

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3 THE TALUK SURVEYOR ALUVA TALUK OFFICE, MINI CIVIL STATION, PERIYAR NAGAR, ALUVA, ERNAKULAM DISTRICT,, PIN - 683101

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4 THE VILLAGE OFFICER MATTOOR, VILLAGE OFFICE, KALADY, ERNAKULAM DISTRICT,, PIN - 683574

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OTHER PRESENT:

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SRI AJITH VISWANTH, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 2884 OF 2024

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P.V.KUNHIKRISHNAN, J

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W.P.(C.) No. 2884 of 2024

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Dated this the 24^th day of January, 2024

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JUDGMENT

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The above writ petition is filed with following prayers:

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i) “Issue a Writ of Mandamus or any other appropriate Writ directing respondent No.3 to measure and demarcate the boundaries of the landed property of the petitioners having an extent of 12.60 Ares in Re Survey No. 374/4-2 of Mattoor Village within a time period laid down by this Honourable Court:

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(ii) Issue a Writ of Mandamus or any other appropriate Writ directing the respondent No.3 to expediently consider and dispose off Exhibit-P3 application submitted by the petitioners within a time period laid down by this Honourable Court;

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(iii) Dispense with the English translation of the Exhibits, in the interests of justice. And

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(iv) Grant such other reliefs as this Honourable Court deems fit and proper in the circumstances of the case.” [SIC]

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When this writ petition came up for consideration, the learned counsel for the petitioners submitted that the

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WP(C) NO. 2884 OF 2024 4

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petitioners will be satisfied if a direction is issued to the 3^rd respondent to consider Ext.P3 application which was submitted for survey.

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

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After hearing both sides, I think this writ petition can be disposed of directing the 3^rd respondent to consider Ext.P3 and take appropriate steps in accordance with law.

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Therefore, this writ petition is disposed of with the following directions :

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The 3^rd respondent is directed to consider and take appropriate decision in Ext.P3 as expeditiously as possible, at any rate, within three months from the date of receipt of a certified copy of this judgment.

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1. The petitioners will produce a certified copy of this judgment along with a copy of this writ petition before the 3^rd respondent for compliance.

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Sd/-

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P.V.KUNHIKRISHNAN

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JUDGE

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SKS

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WP(C) NO. 2884 OF 2024

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APPENDIX OF WP(C) 2884/2024

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF THE PARTITION DEED NO. 1695/I/2011 DATED 29.06.2011 OF SREEMOOLANAGARM SRO EXECUTED IN FAVOUR OF THE PETITIONERS HEREIN BY THEIR ANCESTORS
Exhibit P2	TRUE COPY OF THE LAND TAX RECEIPT BEARING NO. KL07040608152/2022 AND DATED 20.10.2022 ISSUED FROM THE MATTOOR VILLAGE OFFICE TO THE PETITIONER
Exhibit P3	TRUE COPY OF THE APPLICATION DATED 25.02.2023 SUBMITTED BY THE PETITIONERS BEFORE THE RESPONDENT NO.2
Exhibit P4	TRUE COPY OF THE REPORT DATED 01.03.2023 SUBMITTED BY THE RESPONDENT NO.4 VILLAGE OFFICER TO RESPONDENT NO.3 SURVEYOR
Exhibit P5	TRUE COPY OF THE RECEIPT ISSUED BY THE 3RD RESPONDENT DATED 25.03.2023 EVIDENCING THE ACCEPTANCE OF EXHIBIT P4 REPORT

Malathi Balachandran v. District Collector

Case brief

What is this about?

What did the court decide?

Malathi Balachandran v. District Collector

Case brief

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