P.M.Basheer vs Tahsildar
2021 Latest Caselaw 10305 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

     FRIDAY, THE 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943

                       W.P.(C) No.5124 OF 2021(M)


PETITIONER/S:

                P.M.BASHEER
                AGED 44 YEARS
                S/O. MAKKAR, POOVATHUMCHUVATTIL VEEDU, CHERUVATTOOR,
                ERNAKULAM DISTRICT, PIN - 686691.

                BY ADVS.
                SRI.K.MOHANAKANNAN
                SMT.T.V.NEEMA

RESPONDENT/S:

      1         TAHSILDAR, TALUK OFFICE
                KUNNATHUNADU, ERNAKULAM DISTRICT, PIN - 682308.

      2         TALUK SURVEYOR, TALUK OFFICE
                KUNNATHUNADU, ERNAKULAM DISTRICT, PIN - 682308.

      3         HARIF @ HAARIF
                S/O. OUKAR HARI, KARUVELLI K. (MUKALARKUDI VEEDU,
                PERUMANI VENGOLA, ARAKKAPADI, ERNAKULAM DISTRICT -
                683556.

                R3 BY ADV. SRI.G.SREEKUMAR (CHELUR)

OTHER PRESENT:

                SMT K.AMMINIKUTTY - SR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.5124 OF 2021(M)

                                   2



                             JUDGMENT

The petitioner, who is stated to be the owner in possession of

1 acre and 40 cents of land in Re.Survey Block No.28, Survey

Nos.250/7-2, 255/1-2, 255/3-2, 252/1, 251/1/2-3, 251/1/3/3 of

Arackapadi Village, has filed this writ petition under Article 226 of

the Constitution of India, seeking a writ of certiorari calling for the

records leading to Ext.P3 notice dated 27.01.2021 and quash the

same. The petitioner has also sought for a writ of mandamus

commanding the 1st respondent Tahsildar to issue a copy of the

order passed pursuant to Ext.P1 judgment dated 19.08.2020 in

W.P.(C) No.17048 of 2020 and Ext.P2 notice dated 16.09.2020,

within a time frame to be fixed by this Court.

2. On 26.02.2021, when this writ petition came up for

admission, the learned Government Pleader took notice on

admission for respondents 1 and 2. Urgent notice on admission by

speed post was ordered to the 3rd respondent, returnable within

two weeks. The learned Government Pleader was directed to get

instructions.

3. Heard the learned counsel for the petitioner, the learned

Government Pleader for respondents 1 and 2 and also the learned

counsel for the 3rd respondent.

W.P.(C) No.5124 OF 2021(M)

4. The learned counsel for the petitioner would submit that

after the filing of the writ petition the 2nd respondent issued Ext.P6

notice dated 26.02.2021 and based on that notice, survey of the

property was conducted on 06.03.2021. The report of the Taluk

Surveyor is awaited. Therefore, this writ petition may be closed

without prejudice to the right of the petitioner to challenge the

report of the Taluk Surveyor, in case it is in any manner against

the claim of the petitioner.

In such circumstances, recording the above submission made

by the learned counsel for the petitioner, this writ petition is

closed, without prejudice to the aforesaid right of the petitioner.

Sd/-

ANIL K. NARENDRAN JUDGE MIN W.P.(C) No.5124 OF 2021(M)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF JUDGMENT DATED 19.08.2020 IN W.P.(C) NO.17048/2020.

EXHIBIT P2 TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 16.09.2020.

EXHIBIT P3 TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 27.01.2021.

EXHIBIT P4 TRUE COPY OF THE PLAINT IN O.S.NO.47/2021 ON THE FILES OF LEARNED MUNSIFF COURT, PERUMBAVOOR.

EXHIBIT P5 TRUE COPY OF THE COMMISSIONER'S REPORT DATED 16.02.2021.

EXHIBIT P6 TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT IN FORM NO-12 TO THE PETITIONER DATED 26.2.2021