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Thomas Varghese Vs. Additional Tahsildar

Thomas Varghese vs Additional Tahsildar

Type Court Judgment Court Kerala Decided Oct 07, 2013
~3 min read
https://sooperkanoon.com/case/1095079

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Citation
Court
Kerala High Court
Judge
Decided On
Subject
Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue
Land Acquisition

Parties & Advocates

Appellant / Petitioner

Thomas Varghese

Respondent

Additional Tahsildar

Excerpt

.....- - - - - - - - - - - - - - - - - dated this the 7th day of october, 2013 judgment the petitioners have approached this court with the following prayers : "a) call for the records leading to ext.p4 application and ext.p5 and p6 reminders and issue a writ of mandamus or any other appropriate writ order or direction commanding the 1st respondent to dispose of ext.p4 application in accordance with law. b) issue a writ of mandamus or any other appropriate writ order or direction, commanding the first respondent to correct mistake occurred in recording the extent of property of the petitioners in the resurvey records and allow the petitioners to pay tax for an extent of 12.80 ares of property comprised in resurvey 83/5/1, 83/5/2 and 83/6/1 and 83/6/2 in block no. 3 of karukutty village. (c ) to grant such other reliefs as are just and proper in the nature of this case. " 2. the learned counsel for the petitioners submits that, the w.p.(c)no.24513/2013 2 only relief sought for is to cause ext.p4 application preferred by the petitioners to be considered and disposed of within a reasonable time.3. heard the learned government pleader as well.4. considering the limited extent of relief sought for, this court does not find it necessary to adjudicate the issue on merits. the writ petition is disposed of, directing the first respondent to consider ext.p4 and pass appropriate orders, in accordance with law, after giving an opportunity of hearing to the petitioners, at the earliest, at any rate within 'two months' from the date of receipt of a copy of this judgment. the petitioner shall produce a copy of this judgment along with a copy of the writ petition before the first respondent for further steps. p.r.ramachandra menon judge sv. w.p.(c)no.24513/2013 2

Full Judgment

IN THE HIGH COURT OF KERALAAT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON MONDAY,THE7H DAY OF OCTOBER201315TH ASWINA, 1935 WP(C).No. 24513 of 2013 (L) ---------------------------- PETITIONERS : - ------------------------ 1. THOMAS VARGEESE, PAINADATH VEETTIL, AZHAKAM.P.O., PIN-MUKKANNOOR VILLAGE.

2. ELSY THOMAS, PAINADATH VEETTIL, AZHAKAM.P.O., MUKKANOOR VILLAGE. BY ADVS.SRI.T.P.SAJAN SRI.M.MOHAMMED NAVAZ SRI.P.SANTHOSH KUMAR (TR) RESPONDENTS : - -------------------------- 1. ADDITIONAL TAHSILDAR, OFFICE OF THE ADDITIONAL THASILDAR, ALUVATALUK, ALUVA, PIN-683101.

2. VILLAGE OFFICER, KARUKUTTY VILLAGE, KARUKUTTY VILLAGE PIN-683576. BY Sr. GOVERNMENT PLEADER SRI. JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON0710-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24513 of 2013 (L) -------------------------------------- APPENDIX PETITIONERS' EXHIBITS : - ----------------------------------------- Exhibit P1 : TRUE COPY OF THE TITLE DEED IN RESPECT OF PROPERTY BELONGING TO THE PETITIONERS. Exhibit P2 : TRUE COPY OF THE TAX RECEIPT DATED115-2012 IN RESPECT OF PROPERTY. Exhibit P3 : TRUE COPY OF THE SURVEY MAP NO.A-3430/12 DATED69-12. Exhibit P3a : TRUE COPY OF THE SURVEY MAP NO.A-3430/12 DATED69-2012. Exhibit P4 : TRUE COPY OF THE APPLICATION DATED1910-2012. Exhibit P5 : TRUE COPY OF THE REMINDER DATED153-2013. Exhibit P6 : TRUE COPY OF THE REMINDER DATED158-2013. RESPONDENTS' EXHIBITS : - NIL. --------------------------------------- // TRUE COPY // P.A. TO JUDGE DMR/- P.R.RAMACHANDRA MENON, J.

- - - - - - - - - - - - - - - - - - - - - W.P.(c) No. 24513 OF2013- - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of October, 2013 JUDGMENT

The petitioners have approached this Court with the following prayers : "a) Call for the records leading to Ext.P4 application and Ext.P5 and P6 reminders and issue a writ of mandamus or any other appropriate writ order or direction commanding the 1st respondent to dispose of Ext.P4 application in accordance with law. b) Issue a writ of mandamus or any other appropriate writ order or direction, commanding the first respondent to correct mistake occurred in recording the extent of property of the petitioners in the resurvey records and allow the petitioners to pay tax for an extent of 12.80 Ares of property comprised in resurvey 83/5/1, 83/5/2 and 83/6/1 and 83/6/2 in Block No. 3 of Karukutty village. (c ) To grant such other reliefs as are just and proper in the nature of this case. " 2. The learned counsel for the petitioners submits that, the W.P.(C)No.24513/2013 2 only relief sought for is to cause Ext.P4 application preferred by the petitioners to be considered and disposed of within a reasonable time.

3. Heard the learned Government Pleader as well.

4. Considering the limited extent of relief sought for, this Court does not find it necessary to adjudicate the issue on merits. The writ petition is disposed of, directing the first respondent to consider Ext.P4 and pass appropriate orders, in accordance with law, after giving an opportunity of hearing to the petitioners, at the earliest, at any rate within 'two months' from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the first respondent for further steps. P.R.RAMACHANDRA MENON JUDGE sv. W.P.(C)No.24513/2013 2

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