Mrs.Ushasree K.R vs G.Rajeevan Pillay on 23 November, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Con.Case(C).No. 422 of 2010(S)


1. MRS.USHASREE K.R.,
                      ...  Petitioner

                        Vs



1. G.RAJEEVAN PILLAY, S/O.GANDHARAN PILLAY,
                       ...       Respondent

2. G.RAJEEVAN PILLAY,

3. VISWANATHAN, AGE AND FATHER'S NAME

                For Petitioner  :SMT.SHAHNA KARTHIKEYAN

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice K.M.JOSEPH

 Dated :23/11/2010

 O R D E R
                             K.M. JOSEPH, J.
                    -----------------------------------------
                     C.C.(C).NO. 422 OF 2010 S
                                     IN
                     W.P.(C).NO.7740 OF 2009 J
                   ------------------------------------------
                 Dated this the 23rd November, 2010.

                                  JUDGMENT

Contempt is alleged in this case against the respondents for

deliberate failure to comply with the directions in Annexure A

Judgment. This Court had directed the first respondent to complete

the registration in respect of 291.855 cents in the manner provided

by law. Respondents 1 to 3 were further directed to expedite the

process of identifying the balance extent out of 3.20 Acres.

2. It is not disputed that 291.855 cents has been registered in

the name of the petitioner. The dispute is in regard to the balance

extent. Case of the first respondent is that it has to be identified by

the third respondent. An Affidavit is filed on behalf of the third

respondent. Therein, it is, inter alia, stated as follows:

“With the old sketch of the land obtained from

the Central Survey Office, Thiruvananthapuram, the

C.C.(C).NO.422/2010 S 2

Taluk Surveyors succeeded in identifying the land

which has to be handed over to the plaintiff by the

Indian Bank as per the deal. But, as per the Resurvey

records, that extent of land is in the possession of the

neighbouring land owned by the S.N.D.P. Sakha

Yogam and the same has well defined boundary with

compound walls constructed about 25 years ago,

where Sree Krishna Swamy temple is situated. A copy

of the report of the Head Surveyor, Taluk Office,

Kollam is produced and marked as Annexure A.”

3. In the nature of the proceedings, I do not think that it is

necessary for me to keep this matter any further. Accordingly, I

drop the contempt proceedings. This will be without prejudice to

the rights of the parties.

Sd/=
K.M. JOSEPH,
JUDGE

kbk.

//True copy//
PS to Judge

C.C.(C).NO.422/2010 S 3