P.E. Muhammed Basheer vs The Tahsildar
2024 Latest Caselaw 9236 Ker

Kerala High Court

P.E. Muhammed Basheer vs The Tahsildar on 3 April, 2024

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
    WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
                        WP(C) NO. 13590 OF 2024
PETITIONER:

          P.E. MUHAMMED BASHEER,AGED 51 YEARS
          S/O. MUHAMMED @ BAPPUTTY HAJI, SAFA MAHAL,
          KONDOTTY P.O., MALAPPURAM DISTRICT, PIN - 673638

          BY ADV K.RAKESH


RESPONDENTS:

    1     THE TAHSILDAR, KONDOTTY TALUK, KONDOTTY,
          MALAPPURAM DISTRICT, PIN - 673638

    2     THE TAHSILDAR (LR), KONDOTTY TALUK, KONDOTTY,
          MALAPPURAM DISTRICT, PIN - 673638

    3     THE VILLAGE OFFICER
          NEDIYIRIPPU VILLAGE, KONDOTTY TALUK,
          KONDOTTY, MALAPPURAM DISTRICT, PIN - 673638

OTHER PRESENT:

          GP - AJITH VISWANATHAN



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.13590 of 2024                                  2




                                VIJU ABRAHAM, J.
                .................................................................
                           W.P (C) No.13590 of 2024
                .................................................................
                     Dated this the 3rd day of April, 2024


                                      JUDGMENT

Petitioner has approached this Court seeking a direction to the 1 st

respondent to consider and pass orders on Ext.P2 application in Form 8

as per the provisions of the Survey and Boundaries Act.

2. It is averred that the petitioner's mother one 'K.V. Kunjami' was the

absolute owner and in possession of the property comprised in re-survey

nos.75/ l-6, 76/1-1 & 76/1-2 of the Nediyirippu Village in Kondotty Taluk

and tax was paid in respect of the said property by the petitioner as

evident from Ext.P1. In order to survey the abovesaid land petitioner

along with other legal heirs has submitted Ext.P2 application which is

stated to be pending consideration before the 1st respondent.

3. Heard the learned Government Pleader also.

After hearing both sides, I am inclined to dispose of the writ

petition with a direction to respondents 1 and 2 to take up Ext.P2

application and finalise the proceedings requested therein as

expeditiously as possible, at any rate, within an outer limit of three

months from the date of receipt of a copy of the judgment with notice to

the petitioner and other affected parties.

With the abovesaid directions the writ petition is disposed of.

Sd/-

VIJU ABRAHAM JUDGE

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APPENDIX OF WP(C) 13590/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE TAX RECEIPT ISSUED FROM NEDIYIRIPPU VILLAGE OFFICE DATED 27-07-2023

Exhibit P2 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER AND OTHERS DATED NIL IN FORM NO.8