----------------------- The petitioner claims to be the owner in possession of 93 cents of land in Sy.No.441/1B of Vettiyar Village. According to the petitioner, property in Re-Survey 75/9, which form part of earlier Survey No.441/B is shown as 'puramboke way' in Re-Survey records. Challenging the above Re-Survey, the petitioner has filed an appeal DSA 2761/2007 before the 2nd respondent.
2. The petitioner submits that in spite of the direction of this Court in W.P.C() No.33223/2010, no action has been taken by the 2nd respondent to dispose of the above appeal. The petitioner's present grievance is that respondents 4 to 6 initiated steps to measure and demarcate the property and it was understood that the petitioner’s way to his house was shown as a 'puramboke way' in Re-Survey No.75/9. In the matter the Thazhakkara Grama Panchayath is impleaded as the 7th respondent and submits that the above property is a public way vested with the Panchayat and the petitioner has no right over the property.
W.P.(C).No.29403 of 2014
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3. Considering the fact that the appeal is pending before the 2nd respondent as DSA 2761/2007 , there shall be a direction to the 2nd respondent to dispose of DSA 2761/2007 after hearing the petitioner and additional 7th respondent within a period of six weeks from the date of receipt of a copy of this judgment.
4. Till then status quo as on today shall be maintained.
The order in the appeal shall be communicated to the petitioner within two weeks from the date of passing of such order. If an adverse order is passed against the petitioner, it shall be suspended for a period of two weeks to enable the petitioner to invoke alternative remedy.
The writ petition is disposed of as above.
Sd/ A.MUHAMED MUSTAQUE, JUDGE jm/