IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 26288 of 2008(D)
1. A.J.VARGHESE, S/O.OUSEP, ADAVICHIRA
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY SECRETARY
... Respondent
2. RESURVEY SUPERINTENDENT, PATHANAMTHITTA.
3. TALUK SURVEYOR, TALUK OFFICE,
4. MALLAPPALLY GRAMA PANCHAYATH,
For Petitioner :SRI.P.HARIDAS
For Respondent :SRI.SIBY MATHEW
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :04/09/2008
O R D E R
ANTONY DOMINIC, J
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W.P.(C).No.26288/2008
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Dated this the 4th day of September, 2008
JUDGMENT
The prayer in this writ petition is to direct the 4th
respondent to issue building permit to the petitioner for
construction of the building as shown in Ext.P9 series of
documents. The petitioner submits that he had a dispute
with the 4th respondent Panchayat on an allegation that he
is in possession of Purambokku land vested in the
Panchayat. It is stated that following Ext.P7 judgment, the
second respondent measured the property and on that basis
prepared Ext.P8, suggesting that there is excess land in the
possession of the petitioner. Though the petitioner submits
that he is aggrieved by Ext.P8 and wants to challenge the
same, still it is contended that the area covered by Ext.P9
and the application for building permit, is the area which is
undisputed and in his exclusive possession.
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2. On behalf of the 4th respondent Panchayat, it is now
submitted that following Ext.P7 judgment, measurement
was conducted without putting the Panchayat on notice and
that the Panchayat is also equally aggrieved by Ext.P8. Now
that both parties are aggrieved by Ext.P8, I do not think it
safe to direct consideration of the petitioner’s application
based on Ext.P8. In my view, the most appropriate course
would be to direct that the a fresh measurement be
conducted by the second respondent with notice to both
the petitioner and the 4th respondent. On the basis of the
plan so prepared, it will be for the Panchayat to consider
Ext.P9 series of document.
Accordingly, it is directed that the second respondent
shall survey the land as expeditiously as possible and at
any rate within 3 weeks from the date of production of a
copy of the judgment and on receipt of the plan and report
the Panchayat shall consider Ext.P9 and the application
submitted by the petitioner without any further delay.
WP(c).No.262288/08 3
Writ Petition is disposed of as above.
ANTONY DOMINIC
JUDGE
vi.
WP(c).No.262288/08 4