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Muhammed Ashique vs District Collector on 15 October, 2008

Kerala High Court
Muhammed Ashique vs District Collector on 15 October, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 30313 of 2008(H)


1. MUHAMMED ASHIQUE, S/O. ABDUL RAHIMAN,
                      ...  Petitioner

                        Vs



1. DISTRICT COLLECTOR, ERNAKULAM,
                       ...       Respondent

2. TALUK SURVEYOR, KANAYANNOOR TALUK,

3. REVENUE DIVISIONAL OFFICER, FORT COCHIN.

                For Petitioner  :SRI.M.P.MOHAMMED ASLAM

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :15/10/2008

 O R D E R
                       V.GIRI, J.
       -------------------------
            W.P.(C).No.30313 of 2008
       -------------------------
        Dated this the 15th day of October, 2008.


                     JUDGMENT

The petitioner purchased 12 cents of

land comprised in survey No.153/4-2 of Edappally

South Village of Kanayanoor Taluk of Ernakulam

District, sought to be attached in a Revenue

Auction conducted by the 2nd respondent. Ext.P1

sales certificate is issued in favour of the

petitioner. Subsequently, he came into

possession of the property. Petitioner’s

grievance is that the property which was

purchased by him in the Revenue Auction was not

surveyed and demarcated with boundaries.

2. The property purchased by the

petitioner in revenue auction is to be surveyed

and demarcated with boundaries. On the request

of the petitioner, the 1st respondent District

Collector has directed the 2nd respondent Taluk

Surveyor to conduct the survey and demarcate the

property, but the 2nd respondent has not taken

any steps.

3. Having heard learned counsel for the

petitioner, the writ petition is disposed of

W.P.(C).NO.30313/08

:: 2 ::

directing the 2nd respondent to take further

steps pursuant to Ext.P2. If the petitioner is

required to submit an application in terms of

Rule 43 of the Survey and Boundary Rules, he

shall do so and notice shall be given to the

adjacent property owners before the actual

demarcation of the property and fixation of

boundaries. Needful shall be done within a

period of four months from the date of receipt

of a copy of this judgment.

Sd/-

(V.GIRI)
JUDGE
sk/

//true copy//

P.S. To Judge

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