Kaduthuruthy Urban Co-Operative Bank ... vs State Of Kerala
2024 Latest Caselaw 31707 Ker

Kerala High Court

Kaduthuruthy Urban Co-Operative Bank ... vs State Of Kerala on 6 November, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

W.P.(C) No. 39029/2024

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               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

           THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

  WEDNESDAY, THE 6TH DAY OF NOVEMBER 2024 / 15TH KARTHIKA, 1946

                         WP(C) NO. 39029 OF 2024

PETITIONER:

           KADUTHURUTHY URBAN CO-OPERATIVE BANK LTD.
           NO.K-399, HEAD OFFICE,KADUTHURUTHY,
           REPRESENTED BY ITS GENERAL MANAGER & AUTHORISED
           OFFICER, PAUL.T.MANI, S/O LATE MANI,
           THEKKUNILKUM THADATHIL, KAPPUMTHALA,
           MUTTUCHIRA, VAIKOM TALUK,
           KOTTAYAM DISTRICT, PIN - 686141

           BY ADV VARGHESE C.KURIAKOSE
RESPONDENTS:

     1     STATE OF KERALA
           REP. BY SECRETARY, DEPT. OF REVENUE,
           SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
     2     THE TAHSILDAR
           VAIKOM TALUK, TALUK OFFICE, VAIKOM,
           KOTTAYAM DISTRICT, PIN - 686141
     3     TALUK SURVEYOR
           VAIKOM TALUK, TALUK OFFICE, VAIKOM,
           KOTTAYAM DISTRICT, PIN - 686141
     4     SAJI MATHEW
           AGED 56 YEARS, S/O MATHAI, MALIKAYIL HOUSE,
           PERUVA P.O. MULAKULAM VILLAGE, VAIKOM TALUK,
           KOTTAYAM DISTRICT, PIN - 686610
           VIDYA KURIAKOSE, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No. 39029/2024

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                         JUDGMENT

The petitioner preferred Ext.P6 Form-10 application and

Ext.P7 Form-8 application before the respondent No.2 for

surveying and demarcating the boundaries of the property

belonging to it. The limited prayer in this writ petition is to give a

direction to the respondent No.2 to dispose of Exts.P6 and P7

applications within a time frame.

Having heard Sri.Varghese C. Kuriakose, the learned counsel

appearing for the petitioner and Smt.Vidya Kuriakose, the

learned Government Pleader, this writ petition is disposed of with

a direction to the respondent No.2 to consider and dispose of

Exts.P6 and P7 applications, in accordance with law, after hearing

the petitioner, within a period of four months from the date of

receipt of a copy of this judgment.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE APA

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2024:KER:82452

APPENDIX OF WP(C) 39029/2024

PETITIONER EXHIBITS

EXHIBIT P1 TRUE PHOTOCOPY OF THE GIFT DEED BEARING NO.1742/2012 OF SRO, THALAYOLAPARAMBU DATED 16.07.2022

EXHIBIT P2 TRUE PHOTOCOPY OF THE BASIC TAX RECEIPT DATED 05.05.2016

EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE DEMAND NOTICE ISSUED IN RELATION TO MTS NO.2118 DATED 06.12.2022

EXHIBIT P4 TRUE PHOTOSTAT COPY OF THE DEMAND NOTICE ISSUED IN RELATION TO MTS NO.2120 DATED 06.12.2022

EXHIBIT P5 TRUE PHOTOSTAT COPY OF THE ORDER IN M.C.NO.14/2024 PASSED BY CJM, KOTTAYAM DATED 06.01.2024

EXHIBIT P6 TRUE PHOTOSTAT COPY OF THE APPLICATION DATED 16.10.2024 UNDER RULE 43 OF THE SURVEY AND BOUNDARIES ACT

EXHIBIT P7 TRUE PHOTOSTAT COPY OF THE APPLICATION DATED 16.10.2024 UNDER RULE 27 OF THE SURVEY AND BOUNDARIES ACT

EXHIBIT P8 TRUE PHOTOSTAT COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 17.10.2024

EXHIBIT P9 TRUE PHOTOSTAT COPY OF THE ACKNOWLEDGMENT CARD CONTAINING THE SIGNATURE OF THE 2ND RESPONDENT