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Indira Chandran vs State Of Kerala

High Court Of Kerala|19 November, 2014
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JUDGMENT / ORDER

The petitioner claims to be the owner and in possession of 84.99 Ares of land in re-survey No.518/1/13 of Kizhakkambalam Village, Kunnathunad Taluk. The petitioner submits that this property originally belonged to Smt.Pathumma by virtue of PF Patta No.139/1996 issued by the Special Tahsildar, Land Assignment, Perumbavur. Ext.P2 is the Patta. The petitioner submits that certain extent of land in Ext.P2 Patta has been assigned to one Yohannan by Smt.Pathumma. The petitioner’s case is that the property in Ext.P2 Patta is now shown as Government land and included Zero Landless Programme of the Government. It is submitted that the petitioners are in abroad and they have only come to know the inclusion recently. The petitioner has approached W.P.(C) No.28879 of 2014 2 the District Collector under Section 13A of the Kerala Survey and Boundaries Act by Ext.P4.
However, the District Collector repelled the contention of the petitioner in Ext.P5 and liberty was given to the petitioner to approach the Additional Tahsildar-fourth respondent to resurvey the boundary of the property. I do not find any reason to interfere with Ext.P5 order. If at all the petitioner's grievance is sustainable, it can only be in respect of the identity of the property as rightly pointed out by the District Collector. Therefore, the petitioner shall approach the Additional Tahsildar-fourth respondent to identify the property as directed in Ext.P5. This shall be done within a period of two weeks from the date of receipt of a copy of this judgment. Based on the request of the petitioner, the Additional Tahsildar shall identify the property with reference to the title deed of the property as directed in W.P.(C) No.28879 of 2014 3 Ext.P5 and issue a sketch to the petitioner. This shall be done within a further period of six weeks. Till then, status quo shall be maintained.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln
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Title

Indira Chandran vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
19 November, 2014
Judges
  • A Muhamed Mustaque
Advocates
  • Smt
  • K P Santhi Sri Rilgin
  • V George