High Court Kerala High Court

Usman vs State Of Kerala on 18 December, 2007

Kerala High Court
Usman vs State Of Kerala on 18 December, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 37372 of 2007(Y)


1. USMAN, S/O.KUTTY HAJEE, AGED 55,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. CHOORNIKKARA GRAMA PANCHAYATH,

                For Petitioner  :SRI.V.RAJENDRAN (PERUMBAVOOR)

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :18/12/2007

 O R D E R
                        PIUS C. KURIAKOSE, J.
               -----------------------------------------------
                        W.P.(C)No.37372 OF         2007
               -----------------------------------------------
                 DATED THIS THE 18th December 2007

                            J U D G M E N T

The Tahsildar, Aluva is impleaded suo motu as additional third

respondent in this writ petition. The registry is directed to carry out

corrections in the cause title. Government Pleader Mr.K.J.Mohammed

Anzar takes notice for the respondents.

2. Having regard to the averments in the writ petition and the

submissions addressed at the bar by Sri. V.Rajendran, learned

counsel for the petitioner and the learned Government Pleader who

has taken notice for respondents 1 to 3, this writ petition will stand

disposed of issuing the following directions:

3. The additional 3rd respondent is directed to take an early

decision on Ext.P4 and to facilitate measurement of the

properties which are subject matter of Ext.P4 so that it can be verified

that whether the bunk shop belonging to the petitioner is constructed

on puramboke land or not. Necessary instructions will be issued by

the additional third respondent to the Surveyor concerned so that

measurement is conducted early with notice to the petitioner and the

2nd respondent. Once the measurement is conducted and sketch

prepared by the surveyor is available, the 2nd respondent will take up

WP(C)No.37372/2007
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Ext.P5, hear the petitioner and take a decision on Ext.P5 in the light of

the sketch prepared by the surveyor and communicate orders to the

petitioner . Till such time that measurement is conducted and orders

are passed on Ext.P5 and communicated to the petitioner, Ext.P3 shall

not be enforced by the 2nd respondent.

(PIUS C.KURIAKOSE, JUDGE)

ks.

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