Augustin Kurian vs The Tahsildar on 17 March, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 8908 of 2008(I)


1. AUGUSTIN KURIAN, S/O. C.K.MATHEW,
                      ...  Petitioner
2. PETER KURIAN, S/O.C.M.KURIAN,
3. CELESTIAN GEORGE, S/O.C.K.MATHEW,
4. MARTIN C.MATHEW, S/O. C.K.MATHEW,
5. SHIJU JOSEPH, S/O. C.K. JOSEPH,
6. VIJU JOSEPH, S/O. C.K.JOSEPH,
7. M.P. FRANCIS, S/O.M.O. PAUL,
8. M.P. SEBASTIAN, S/O. M.O. PAUL,
9. M.P. JAMES, S/O. M.O. PAUL,
10. K.K. THANKA, W/O. P.K. PURUSHAN,
11. A.D. JERSON, S/O.A.M.DEVASSY,

                        Vs



1. THE TAHSILDAR,
                       ...       Respondent

2. THE VILLAGE OFFICER,

3. DISTRICT COLLECTOR, ERNAKULAM.

4. STATE OF KERALA,

                For Petitioner  :SRI.P.SANTHALINGAM

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :17/03/2008

 O R D E R
                          ANTONY DOMINIC, J.
                         ===============
                       W.P.(C) NO. 8908 OF 2008 I
                    ====================

                 Dated this the 17th day of March, 2008

                             J U D G M E N T

Ext.P8 order is under challenge.

2. By Ext.P8, an application made by the petitioners for issue of

patta has been rejected. Both on facts and on account of delay, I am not

inclined to interfere with Ext.P5. Ext.P5 has been issued as early as on

21/2/2005 and the challenge now raised after three years, in my view is

highly belated.

3. The case of the petitioners that they are in possession of the

land is also belied by the contents in Ext.P2, in which, the respondent has

entered a factual finding that the land is not in their possession.

For these reasons, I do not find any reason to interfere with Ext.P8.

Writ petition is dismissed.

ANTONY DOMINIC,JUDGE.

Rp