High Court Kerala High Court

R.Balakrishna Pillai vs District Collector on 26 November, 2008

Kerala High Court
R.Balakrishna Pillai vs District Collector on 26 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 34887 of 2008(C)


1. R.BALAKRISHNA PILLAI, KARALIL PUTHEN
                      ...  Petitioner

                        Vs



1. DISTRICT COLLECTOR, KOLLAM.
                       ...       Respondent

2. TAHSILDAR,

3. ADDL.TAHSILDAR,

                For Petitioner  :SRI.PRATHEESH.P

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :26/11/2008

 O R D E R
                           V.GIRI,J.
                     -------------------------
                 W.P ( C) No.34887of 2008
                    --------------------------
            Dated this the 26th November, 2008

                      J U D G M E N T

Petitioner claims to be in possession of 72 cents of

landed property in Sy.No.17/8 in Kunnathoor Taluk. It

seems that his father had put up certain shop rooms and

thereafter his son had built up some new shops in the

same property. Proceedings were taken by the Additional

Tahasildar as evidenced by Exhibit P2 alleging that an

extent of 70 sq.mt is in puramboke land. Petitioner

submitted Exhibits P4 objections thereto and has also

approached the District Collector as evidenced by Exhibit

P3.

2. In my view, the Addl. Tahasildar may look into

the objections raised in Exhibit-P4 and then pass a

reasoned order in terms of the provisions of the Land

Conservancy Act.

Having heard the learned Government Pleader also,

the writ petition is disposed of directing the 3rd

W.P ( C) No.34887of 2008
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respondent to consider Exhibit P4 and pass an order either

in affirmation of Exhibit P2 or in variation of Exhibit-P2.

Enforcement of Exhibit P2 shall be effected only after such

orders are passed on Exhibit-P4. Orders may be passed

within one month from the date of receipt of a copy of this

judgment after hearing the petitioner.

(V.GIRI,JUDGE)
ma

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