SAJEEV P.C., v. THE MUDAKKUZHA GRAMA PANCHAYAT,
Court: High Court of Kerala
Bench: HONOURABLE MR. JUSTICE SATHISH NINAN
Judgment date:
Case summary
High Court of Kerala judgment dated 2020-12-15. SAJEEV P.C., v. THE MUDAKKUZHA GRAMA PANCHAYAT,. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SATHISH NINAN TUESDAY, THE 15TH DAY OF DECEMBER 2020 / 24TH AGRAHAYANA, 1942 WP(C). No. 20850 OF 2020(E) : SAJEEV P. C. , S/O. CHATHAN, KANJIRAKKOD PATTIKAJATHI COLONY, MUDAKKUZHA P. O. , PERUMBAVOOR - 683 546. SUNIL KUMAR E. S/O. CHATHAN, EDANATHADAM VEEDU, MUDAKKUZHA P. O. , PERUMBAVOOR - 683 546. BY ADVS. SRI. G. BHAGAVAT SINGH SHRI. SUNDARESAN N. K. SHRI. KELU BHAGAVAT : THE MUDAKKUZHA GRAMA PANCHAYAT, MUDAKKUZHA P. O. , PERUMBAVOOR - 683 546. REPRESENTED BY ITS SECRETARY. THE DISTRICT COLLECTOR COLLECTORATE, KAKKANAD P. O. , ERNAKULAM - 682 030. THE REVENUE DIVISIONAL OFFICER, MOOVATTUPUZHA MINI CIVIL STATION, MOVATTUPUZHA - 686 661. THE TAHSILDAR (L. R. ) KUNNATHUNADU TALUK, PERUMBAVOOR P. O. , ERNAKULAM - 683 542. THE VILLAGE OFFICER RAYAMANGALAM VILLAGE, RAYAMANGALAM P. O. , PERUMBAVOOR - 683 845.
THE DISTRICT SUPERINTENDENT OF SURVEY OFFICE OF THE DISTRICT SUPERINTENDENT OF SURVEY, CIVIL STATION, ERNAKULAM - 682 030. WP(C). No. 20850 OF 2020(E) -2- 7 ELIAMMA W/O. VARGHESE, THADIKKULANGARA VEEDU, MUDAKUZHA P. O. , PERUMBAVOOR - 683 546. R1 BY SRI. R. RANJITH, SC, MUDAKUZHA GRAMA PANCHAYAT R7 BY ADV. SRI. REJI GEORGE R7 BY ADV. SRI. BINOY DAVIS R7 BY ADV. SRI. S. KRISHNAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15. 12. 2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SATHISH NINAN, J. = = = = = = = = = = = = = = = = = = W. P. (C) No. 20850 of 2020 = = = = = = = = = = = = = = = = = = th Dated this the 15 day of December, 2020 JUDGMENT The dispute involved centers around a quarry-pond (parakkulam). The petitioners claim it to be situated in Government land and that they have been uninterruptedly using the same.
On the other hand, th the 7 respondent claims that the said quarry-pond is part of her registered holding over which she has absolute title, interest and possession. 2. The petitioners complain that, in the re-survey records the disputed quarry pond is included th in the name of the 7 respondent based on incorrect th measurements and materials. The 7 respondent disputes the same and relies on her title deed as well as the prior deeds to claim title over the same. 3. Section 13A of the Survey and Boundaries Act, 1961 gives power of Revision to the second respondent with respect to disputes on survey. The petitioners have preferred Ext. P11 before the W. P. (C) No. 20850 of 2020 -: 2 :-second respondent which is pending. Without expressing anything on the merits, I dispose of this writ petition directing the second respondent to consider and pass appropriate orders on Ext.
P11 as expeditiously as possible and at any rate within a period of three months from the date of receipt of a copy of this judgment, with due th notice to the petitioners and the 7 respondent herein. Needless to say that, dispute regarding title will have to be settled by a Civil Court and that re-survey is not decisive of title. Sd/- SATHISH NINAN JUDGE kns/- //True Copy// P. S. to Judge WP(C). No. 20850 OF 2020(E) APPENDIX PETITIONER'S/S EXHIBITS: COPY OF THE SETTLEMENT DATED NO. 2903/1980 DATED 26/05/1980 STAND IN THE NAME OF THE PREDECESSORS OF THE 7TH RESPONDENT. COPY OF THE SALE DEED NO. 90/1990 DATED 15/01/1990 STANDS IN THE NAME OF 7TH RESPONDENT. COPY OF THE SALE DEED NO. 412/1992 DATED 21/02/1992 STANDS IN THE NAME OF 7TH RESPONDENT. COPY OF REPRESENTATION FILED BY THE PETITIONERS AND OTHERS BEFORE THE 2ND RESPONDENT AND OTHERS DATED 20/05/2019. COPY OF THE COMPLAINT DATED 27/5/2019 FILED BY THE PETITIONERS AND OTHERS BEFORE THE SI OF POLICE AND HEALTH INSPECTOR.
COPY OF THE COMPLAINT DATED 23/07/2019 BEFORE THE CI OF POLICE BY THE FEMALE RESIDENTS OF THE COLONY. COPY OF THE REPRESENTATION DT. 15/11/2019 FILED BY THE PETITIONERS AND OTHERS BEFORE THE 4TH RESPONDENT. COPY OF THE REPRESENTATION FILED BY THE RESIDENTS BEFORE THE 4TH RESPONDENT DATED 30/12/2019. COPY OF THE STATEMENT DATED 18/01/2020 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 4TH RESPONDENT. COPY OF THE REPORT DATED 20/03/2020 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 2ND RESPONDENT. COPY OF THE REPRESENTATION FILED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED 16/07/2020. -----
Source: High Court of Kerala. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.