High Court Kerala High Court

K.Madhavi Amma vs The Tahsildar on 7 April, 2009

Kerala High Court
K.Madhavi Amma vs The Tahsildar on 7 April, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 6577 of 2009(N)


1. K.MADHAVI AMMA, CHANDRATHIL HOUSE,
                      ...  Petitioner

                        Vs



1. THE TAHSILDAR, THODUPUZHA.
                       ...       Respondent

                For Petitioner  :SRI.MATHEW JOHN (K)

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :07/04/2009

 O R D E R
                        ANTONY DOMINIC, J.
                   -------------------------
                     W.P.(C.) No.6577 of 2009
              ---------------------------------
               Dated, this the 7th day of April, 2009

                           J U D G M E N T

The prayer sought in this writ petition is to direct the

respondent to take action on Ext.P7, where the petitioner has sought

for survey and fixation of the boundaries of the properties

mentioned therein.

2. The case was adjourned for the instructions of the

learned Government Pleader. He, today, submits that the property

in Survey No.1231/3/2 of Kumaramangalam Village was sub divided

from the thode puramboke, and that the Office of the respondent is

not in possession of the survey records and basic sketch in order to

demarcate the property as sought for in Ext.P7.

3. However, the loss of such documents cannot be of

prejudice to the petitioner, and therefore, I feel the only option

available is to direct the petitioner to produce whatever documents

which are available with her before the respondent, who should

consider whether the demarcation is possible by making reference to

those documents.

WP(C) No.6577/2009
-2-

4. Therefore, the writ petition is disposed of directing that

it will be open to the petitioner to produce the documents of title,

which are available with her, in which event, the respondent shall

consider those documents, and if it is practical, shall take necessary

action for survey and fixation of boundaries as sought for in Ext.P7.

This shall be done as expeditiously as possible, at any rate, within

six weeks of production of a copy of this judgment.

The writ petition is disposed of as above.

(ANTONY DOMINIC, JUDGE)
jg