Citation : 2024 Latest Caselaw 31397 Ker
Judgement Date : 2 November, 2024
WP(C) No.35170/2024 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
Saturday, the 2nd day of November 2024 / 11th Karthika, 1946
IA.NO.1/2024 IN WP(C) NO. 35170 OF 2024(U)
APPLICANT/PETITIONER
NOORJAHAN H @ NOORJI SHAHUMAN AGED 57 YEARS D/O. HAMID KUNJU,
RESIDING AT ABU MANZIL, MUTTAPALAM, PERUNGUZHI P O,
THIRUVANANTHAPURAM DISTRICT, PIN - 695305.
RESPONDENTS/RESPONDENTS
1. THE DISTRICT POLICE CHIEF THIRUVANANTHAPURAM RURAL, P. M. G.
JUNCTION, VIKAS BHAVAN POST, THIRUVANANTHAPURAM, PIN - 695033.
2. THE STATION HOUSE OFFICER, KILIMANOOR POLICE STATION,
PAZHAYAKUNNUMMEL, THIRUVANANTHAPURAM DISTRICT, PIN - 695601.
3. SHARAFUDEEN, AGED 55 YEARS S/O. ABDULSAMAD, SHIHAB MANZIL, PEROOR
POST, KILIMANOOR, THIRUVANANTHAPURAM DISTRICT, PIN - 695601.
4. THE DISTRICT SURVEY SUPERINTENDENT CIVIL STATION ROAD,
KUDAPPANAKKUNNU, THIRUVANANTHAPURAM ., PIN - 695043.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to correct the
property description in the order dated 08.10.2024 as "Property with an
extent of 11.75 cents with Resurvey No.111/8, Block No.38, Vellalloor
Village" in the interest of justice and equity.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof and judgement dated 08.10.2024
and upon hearing the arguments of AKHIL SUSEENDRAN, Advocate for the
Applicant in IA/petitioner in WPC and of Sri Sunilkumar Kuriakose, Sr.G.P.
for respondents 1 and 2 in IA/Respondents 1 and 2 in WPC the court passed
the following:
WP(C) No.35170/2024 2/4
V.G.ARUN (J)
........................................
I.A. No. 1 of 2024
in
WP(C) No. 35170 of 2024
..................................................
Dated this the 2nd day of November, 2024
ORDER
Learned Counsel for the petitioner submits that the
prayer in the writ petition is to provide police protection for
conducting survey of the property mentioned in Ext.P4 and
comprised in Resurvey No. 111/8 in block No. 38 of Vellalloor
village in Chirayinkeezhu taluk. By mistake, the property is
described as comprising in Resurvey No. 217/14 in block No.
14 of Azhur village. It is submitted that unless the mistake is
corrected, the petitioner will be put to undue prejudice.
2. Having gone through Ext.P4, I am convinced that a
genuine mistake had occurred while drafting the writ petition,
which is carried over to the judgment also.
3. Hence, the petition for correction is allowed.
The Registry is directed to correct the survey No.
appearing in the second line of the judgment as Resurvey No.
111/8 in block No. 38 of Vellalloor village in Chirayinkeezhu
taluk.
Sd/-
V.G.ARUN JUDGE ARK
02-11-2024 /True Copy/ Assistant Registrar
APPENDIX OF WP(C) 35170/2024 Exhibit P4 A TRUE COPY OF THE ABOVE COMMUNICATION NO.
RDOTVM/9972/2022-B2 DATED 27.09.2024 FROM THE SUB COLLECTOR, THIRUVANANTHAPURAM TO THE DISTRICT SUPERINTENDENT OF SURVEY, THIRUVANANTHAPURAM
02-11-2024 /True Copy/ Assistant Registrar
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