IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933 WP(C).No. 24534 of 2011(N) -------------------------- PETITIONER(S): --------------- 1. BOMSON JOSEPH,S/O.JOSEPH, CHENNATUVAZHIYIL,MUTTAMBALAM,KOTTAYAM,REPRESENTED BY THE POWER OF ATTORNEY HOLDER,C.T.JOSEPH, CHENNATUVAZHIYIL,MUTTAMBALAM,KOTTAYAM. 2. BINNY JOSEPH,S/O.JOSEPH,CHENNATUVAZHIYIL MUTTAMBALAM,KOTTAYAM,REP.BY POWER OF ATTORNEY HOLDER C.T.JOSEPH OF DO, DO... BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR-KOTTAYAM, COLLECTORATE,KOTTAYAM.P.O,KOTTAYAM-6865002. 2. THE DISTRICT SURVEY SUPERINTENDENT- KOTTAYAM, OFFICE OF THE DISTRICT SURVEY SUPERINTENDENT,KOTTAYAM-686001. 3. THE ADDITIONAL TAHSILDAR-KOTTAYAM, TALUK OFFICE,KOTTAYAM-686001. 4. TALUK SURVEYOR,TALUK OFFICE-KOTTAYAM, KOTTAYAM.P.O-686001. 5. THE VILLAGE OFFICER,MUTTAMBALAM VILLAGE, MUTTAMBALAM.P.O,KOTTAYAM-686001. 6. THE KOTTAYAM MUNICIPALITY,REPRESENTED BY THE SECRETARY,OFFICE OF THE KOTTAYAM MUNICIPALITY,KOTTAYAM-686001. 7. THE SECRETARY-K0TTAYAM MUNICIPALITY, OFFICE OF THE KOTTAYAM MUNICIPALITY, KOTTAYAM-686001. 8. SUNNY PHILIP,HOUSE NO.111/4, PANACHIPARAMBIL,PADINJAREKKUTTU,KANJIKKUZHY, KOTTAYAM-686001. ADV. SRI.SIBY MATHEW FOR R6,7 SRI.PHILIP J.VETTICKATTU FOR R6,7 SRI.B.PREMNATH (E) FOR R6,7 GOVT.PLEADER SMT.M.J.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SU W.P.C.NO.24534/2011 PETITIONERS' EXHIBITS: P1: COPY OF THE SALE DEED NO.1570/1988. P2: COPY OF THE SALE DEED 686/2004. P3: COPY OF THE TAX RECEIPT DATED 21/11/2007 SHOWING THE PAYMENT OF TAX IN RESPECT OF 4.59 ACRES OF LAND IN RE-SURVEY NO.224 OF MUTTAMBALAM VILLAGE. P4: SITE PLAN PREPARED BY THE VILLAGE OFFICER IN RESPECT OF IST PETITIONER'S PROPERTY. P5: COPY OF THE SALE DEED 506/1991 OF THE ADDT.SUB REGISTRAR OFFICE,KOTTAYAM. P6: TAX RECEIPT DATED 10.6.2011 SHOWING THE PAYMENT OF LAND TAX IN RESPECT OF 5.01 ARES OF LAND IN RE-SURVEY NO.225 AND 224/1 OF MUTTAMBALAM VILLAGE. P7: COPY OF THE PLAINT IN O.S.NO.247/11 BEFORE THE MUNSIFF'S COURT,KOTTAYAM. P8: COPY OF THE PROHIBITION ORDER DATED 16.5.2011. P8(A): COPY OF THE ORDER DATED 27.5.2011. P9: COPY OF THE RE-SURVEY MAP SHOWING THE EXISTENCE OF 'INWARD BENT'WHICH IS EXPLAINED AS THE PURAMBOKE LAND. P9(A): COPY OF THE ORIGINAL SURVEY PLAN OF THE KOTTAYAM PUTHUPPALLY ROAD (PASSING THROUGH THE NORTH OF PETITIONER'S PROPERTY)FROM THE CENTRAL SURVEY OFFICE, THIRUVANANTHAPURAM. P10: COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR,KOTTAYAM. P10(A): COPY OF THE PETITION SUBMITTED BY THE IST PETITIONER BEFORE THE IST RESPONDENT ON 20.7.2011. P11: COPY OF THE DIRECTION ISSUED FROM THE OFFICE OF THE IST RESPONDENT-DISTRICT COLLECTOR,KOTTAYAM ON 15.6.2011 TO THE SECRETARY OF MUNICIPALITY. P12: COPY OF THE ORDER DATED 11.7.2011 ISSUED BY THE SECRETARY OF KOTTAYAM MUNICIPALITY TO THE IST PETITIONER. P13: COPY OF THE NOTICE DATED 9.8.2011 ISSUED TO THE IST PETITIONER BY THE 4TH RESPONDENT. P14: COPY OF THE NOTICE DATED 9.8.2011 ISSUED TO THE 2ND PETITIONER BY THE 4TH RESPONDENT. P15: COPY OF THE NOTICE DATED 20.6.2011 P16: COPY OF THE PETITION DATED 22.8.2011 FILED BY THE PETITIONER BEFORE THE 3RD AND 4TH RESPONDENT. P17: COPY OF THE COMMUNICATION DATED 5/9/2011 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT TO THE 1ST PETITIONER. RESPONDENTS' EXHIBITS: NIL. /TRUE COPY/ P.A. TO JUDGE SU P.R.RAMACHANDRA MENON, J ----------------------------------------- WP(C) NO. 24534 OF 2011 ------------------------------------ Dated this the 4th day of October, 2011. JUDGMENT The petitioner has approached this Court with the following prayers: (a) To issue a writ of mandamus or any other appropriate writ, direction or order directing the 1st respondent to consider and dispose of Exhibit P10 and P10(a) with notice to the petitioner and to the 8th respondent within a stipulated time limit. (b) To issue a writ of mandamus or any other appropriate writ, direction of order directing the respondents to keep in abeyance Exhibit P13, P14 and P15 notices, till a final decision is taken on Exhibit P10 by the 1st respondent. (c) To call for the records leading to the passing of Exhibit P7 and quash the same by issuing a writ of certiorari or any other appropriate writ, direction or order. (d) To grant such other reliefs which this Honourable Court may deem fit and proper in the interest of justice. 2. The respondents 6 and 7 have entered appearance and filed counter affidavit opposing the reliefs sought for. 3. Heard the learned Government Pleader as well. 4. The learned counsel for the petitioner submits that the only relief now pressed before this Court is to direct 2 WP(C) No. 24534/2011 disposal of Exts.P10 and P10 (a) preferred by the petitioner within a reasonable time. 5. In view of the limited relief as above, this Court does not find it necessary to go into the facts and figures projected in the Writ Petition. The first respondent is directed to consider Exts.P10 and P10 (a) and pass appropriate orders in accordance with law, after giving an opportunity of hearing to the parties concerned, as expeditiously as possible, at any rate, within 'six weeks' from the date of receipt of a copy of this judgment. The Writ Petition is disposed of. P.R.RAMACHANDRA MENON JUDGE dnc