IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 37372 of 2007(Y)
1. USMAN, S/O.KUTTY HAJEE, AGED 55,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. CHOORNIKKARA GRAMA PANCHAYATH,
For Petitioner :SRI.V.RAJENDRAN (PERUMBAVOOR)
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :18/12/2007
O R D E R
PIUS C. KURIAKOSE, J.
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W.P.(C)No.37372 OF 2007
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DATED THIS THE 18th December 2007
J U D G M E N T
The Tahsildar, Aluva is impleaded suo motu as additional third
respondent in this writ petition. The registry is directed to carry out
corrections in the cause title. Government Pleader Mr.K.J.Mohammed
Anzar takes notice for the respondents.
2. Having regard to the averments in the writ petition and the
submissions addressed at the bar by Sri. V.Rajendran, learned
counsel for the petitioner and the learned Government Pleader who
has taken notice for respondents 1 to 3, this writ petition will stand
disposed of issuing the following directions:
3. The additional 3rd respondent is directed to take an early
decision on Ext.P4 and to facilitate measurement of the
properties which are subject matter of Ext.P4 so that it can be verified
that whether the bunk shop belonging to the petitioner is constructed
on puramboke land or not. Necessary instructions will be issued by
the additional third respondent to the Surveyor concerned so that
measurement is conducted early with notice to the petitioner and the
2nd respondent. Once the measurement is conducted and sketch
prepared by the surveyor is available, the 2nd respondent will take up
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Ext.P5, hear the petitioner and take a decision on Ext.P5 in the light of
the sketch prepared by the surveyor and communicate orders to the
petitioner . Till such time that measurement is conducted and orders
are passed on Ext.P5 and communicated to the petitioner, Ext.P3 shall
not be enforced by the 2nd respondent.
(PIUS C.KURIAKOSE, JUDGE)
ks.
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