Citation : 2023 Latest Caselaw 9183 Ker
Judgement Date : 23 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
Wednesday, the 23rd day of August 2023 / 1st Bhadra, 1945
RP NO. 1184 OF 2022
WP(C) 10662/2013 OF HIGH COURT OF KERALA, ERNAKULAM
REVIEW PETITIONERS/RESPONDENT NO.1:
THE SECRETARY, ALANGAD BLOCK PANCHAYAT, ALANAGD P.O., PARAVUR TALUK,
ERNAKULAM DISTRICT PIN - 683 511.
RESPONDENTS/WRIT PETITIONER & RESPONDENTS 2 TO 8:
1. A.A.MOHAMMADALI, S/O. HYDROSE HAJI, RESIDING AT 'SUHASAM',
P.O.MUPPATHADOM, ALUVA, ERNAKULAM DISTRICT, PIN - 683 110.
2. THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD, ERNAKULAM, PIN - 682
030.
3. THE TAHSILDAR, TALUK OFFICE, NORTH PARAVUR, ERNAKULAM DISTRICT, PIN
- 683 513.
4. THE VILLAGE OFFICER, KADUNGALLOOR, P.O.MUPPATHADOM, ALUVA, ERNAKULAM
DISTRICT, PIN - 683 110.
5. THE PRINCIPAL SECRETARY (LSGD), SECRETARIAT, THIRUVANANTHAPURAM, PIN
- 695 001.
6. THE RURAL DEVELOPMENT COMMISSIONER, PUBLIC OFFICE, MUSEUM,
THIRUVANANTHAPURAM, PIN - 695 001.
7. THE DISTRICT PLANNING OFFICER, CIVIL STATION, KAKKANAD, ERNAKULAM,
PIN - 682 030.
8. THE SECRETARY, KADUNGALLOOR GRAMA PANCHAYATH, P.O. MUPPATHADOM,
ALUVA, ERNAKULAM DISTRICT, PIN - 683 110.
Review Petition praying inter alia that in the circumstances stated
therein the High Court be pleased to stay the operation of the Judgment
dated 20.09.2021 in WP(C) 10662 of 2013 till the disposal of the present
review petition.
This Review petition coming on for orders upon perusing the petition
and the affidavit filed in support of RP, this court's judgment dated
20.09.2021 in WP C and upon hearing the arguments of M/S. C.K.RAPHEEQUE,
SHINOJ.K.N & K.B.NIDHINKUMAR, Advocates for the Review petitioners and of
SRI.DINESH MATHEW J.MURIKKAN, STANDING COUNSEL for R8 in RP/WP(C) and
of GOVERNMENT PLEADER, the court passed the following:
N.NAGARESH, J.
------------------------------------------------
R.P No.1184 of 2022
in
W.P.(C) No.10662 of 2013
-------------------------------------------------
Dated this the 23rd day of August, 2023
ORDER
Though the 8th respondent-Panchayat was directed to
survey, measure and secure the land by appropriate means by
judgment dated 20.09.2021, it is evident that so far no survey
and measurement are conducted. At the same time, there is a
dispute between Block Panchayat and Grama Panchayat over
the title to the property.
2. Taking into consideration the fact that it is a public
land, there will be an interim order directing the 3rd respondent-
Tahsildar, North Paravur to arrange for conducting a survey of
the property in question, giving notice to the Block Panchayat
as well as the Grama Panchayat.
Post after one month.
Sd/-
N.NAGARESH JUDGE hmh
23-08-2023 /True Copy/ Assistant Registrar
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