Paul T.T vs The District Collector
2021 Latest Caselaw 11989 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

    TUESDAY, THE 13TH DAY OF APRIL 2021 / 23RD CHAITHRA, 1943

                        WP(C).No.7063 OF 2021(G)

PETITIONER/S:

      1         PAUL T.T
                AGED 57 YEARS
                S/O.THOMAS, THIRUTHNATHY HOUSE, MALAYATOOR P.O.,
                MALAYATOOR, KALADY, PIN-683 587.

      2         MARIYAM POULOSE @ MARIYAMKUTTY,
                AGED 76 YEARS
                W/O.POULOSE, THIRUTHNATHY HOUSE, MALAYATOOR P.O.,
                MALAYATOOR, KALADY, PIN-683 587.

      3         JINO THOMAS,
                AGED 37 YEARS
                S/O.THOMAS, THIRUTHNATHY HOUSE, MALAYATOOR P.O.,
                MALAYATOOR, KALADY, PIN-683 587.

                BY ADVS.
                SRI.S.RENJITH
                SRI.K.R.PRATHISH

RESPONDENT/S:

      1         THE DISTRICT COLLECTOR
                ERNAKULAM, CIVIL STATION, KAKKANAD, ERNAKULAM
                DISTRICT, PIN-682 030.
      2         THE TAHSILDAR, ALUVA TALUK OFFICE,
                FIRST FLOOR, MINI CIVIL STATION, CIVIL STATION ROAD,
                PERIYAR NAGAR, ALUVA, PIN-683 101.
      3         EXECUTIVE ENGINEER,
                PWD ROAD SUB DIVISION, PWD OFFICE, ALUVA, PIN-683
                101.
      4         ASSITANT EXECUTIVE ENGINEER,
                PWD ROAD SUB DIVISION, PWD OFFICE, ALUVA, PIN-683
                101.
                SR GP SRI BIMAL K NATH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.7063 OF 2021(G)

                              2

                       JUDGMENT

The writ petition is filed for direction to the second

respondent to consider Ext.P10 representation by survey of

the property as per Ext.P11 old survey sketch.

2. The second respondent shall consider Ext.P10

within a period of one month from the date of receipt of a

copy of this judgment. On the basis of the decision to be

taken by the second respondent on Ext.P10, the first

respondent, District Collector shall dispose of Exts.P5 to P7,

within a period of two months from the date of receipt of the

order passed by the second respondent on Ext.P10.

The Writ Petition is disposed of with the above direction.

SD/-

MURALI PURUSHOTHAMAN JUDGE RK/13.04.2021 WP(C).No.7063 OF 2021(G)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE BASIC TAX RECEIPT ISSUED BY THE MALAYATTOOR VILLAGE OFFICE IN THE NAME OF THE 1ST PETITIONER DATED 03.08.2019.

EXHIBIT P2 TRUE COPY OF THE BASIC TAX RECEIPT ISSUED BY THE MALAYATTOOR VILLAGE OFFICE IN THE NAME OF THE 2ND PETITIONER DATED 06.06.2019.

EXHIBIT P3 TRUE COPY OF THE BASIC TAX RECEIPT ISSUED BY THE MALAYATTOOR VILLAGE OFFICE IN THE NAME OF THE 3RD PETITIONER DATED 25.08.2020.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 2ND AND 3RD RESPONDENT DATED 24.08.2020.

EXHIBIT P5 TRUE COPY OF THE APPEAL SUBMITTED BY THE 1ST PETITIONER DATED 24.08.2020.

EXHIBIT P6 TRUE COPY OF THE APPEAL SUBMITTED BY THE 2ND PETITIONER DATED 24.08.2020.

EXHIBIT P7 TRUE COPY OF THE APPEAL SUBMITTED BY THE 3RD PETITIONER DATED 25.11.2020.

EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 15.10.2020 IN WPC NO.17927 OF 2020 BEFORE THIS HON'BLE COURT.

EXHIBIT P9 TRUE COPY OF THE NOTICE ISSUED BY OFFICE OF THE DISTRICT COLLECTOR DATED 24.02.2021.

EXHIBIT P10 TRUE COPY OF THE APPLICATION DATED 05.03.2021 SUBMITTED BY THE 1ST PETITIONER BEFORE THE TAHSILDAR, ALUVA.

EXHIBIT P11 TRUE COPY OF OLD SURVEY SKETCH OF WP(C).No.7063 OF 2021(G)

PETITIONERS AND NEIGHBORING PROPERTIES.

EXHIBIT P12 TRUE COPY RE-SURVEY SKETCH OF PETITIONERS AND NEIGHBORING PROPERTIES.