IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 1831 of 2008(R)
1. K.V.MUHAMMED HILAL @ BAPPUTTY HAJI,
... Petitioner
Vs
1. THE ANAKKAYAM GRAMA PANCHAYATH,
... Respondent
2. THE DISTRICT COLLECTOR, MALAPPURAM.
3. THE TAHSILDAR, ERNAD TALUK,
For Petitioner :SRI.BABU S. NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :21/01/2008
O R D E R
Pius C. Kuriakose, J.
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W.P.(C) No. 1831 of 2008
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Dated this the 21st day of January,2008
JUDGMENT
Learned Government Pleader submits that there is no serious
objection for the District Collector being directed to take an early
decision on Ext.P4 representation submitted by the petitioner wherein
the prayer is that a direction may be issued to facilitate a measurement
of the property for identifying the alleged puramboku area in the
possession of the petitioner Wakaf.
2. The learned counsel for the petitioner submits that a few trees
which stood on the properties have been cut down, the timber has been
lying on the property for some time now. A few items have already
been stolen. Therefore, the learned counsel wants a direction to the
District Collector to conduct public auction of those trees which were
cut down from the alleged puramboku area of the properties and to
remit the proceeds in the treasury in an account which fetches the
maximum interest so that ultimately the amount can be disbursed to the
eligible party after decision is taken on Ext.P4 representation.
WPC 1831/2008 2
3. In the circumstances, I am of the view that the above request
is reasonable. Accordingly, the writ petition stands disposed of issuing
the following directions:-
The 2nd respondent is directed to take up Ex.P-4
representation immediately and facilitate a measurement
of the properties, which are subject matter of this writ
petition, by a competent surveyor at the earliest with
notice to the petitioner, the 1st respondent panchayat and
also other neighbouring owners, if any, and thereby
identify the puramboku portions of the property. This
shall be done as early as possible, at any rate within three
month of receiving copy of this judgment. In the
meanwhile, the 3rd respondent is directed to sell the trees,
which were cut down by the petitioner from that portion of
the property, which is rightly puramboku, in public
auction and to deposit the proceeds of the same in an
account with the treasury which fetches the maximum
interest. The 2nd respondent, while deciding Ext.P4, will
WPC 1831/2008 3
also decide the manner in which the proceeds deposited in
the treasury is to be disbursed ultimately. The learned
counsel for the petitioner further submits that certain trees
have been cut down from the property, which
undisputedly and absolutely belongs to the petitioner. If
trees have been cut down from the property which, even
according to the 3rd respondent, belongs to the petitioner,
the petitioner should be permitted to dispose of those trees
in what ever manner they like.
Pius C. Kuriakose,
Judge.
mn.
WPC 1831/2008 4