IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 WP(C).No. 32091 of 2008(U) -------------------------- PETITIONER(S): --------------- ARATTU THODIKA SAIDALAVI HAJI, S/O. ARATTU THODIKA MUHAMMED KUTTY HAJI AGED 56 YEARS, ARATTU THODIKA HOUSE, VENNIYOOR, THIRURANGADI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.DEVIDAS.U.K RESPONDENT(S): --------------- 1. THE SPECIAL TAHSILDAR (LAND ACQUISITION), KOZHIKODE.. 2. THE TOWN SURVEYOR, KOZHIKODE CORPORATION. KOZIKODE CORPORATION OFFICE, KOZHIKODE. BY G.P. SRI.BASANT BALAJI. ADV. SRI.K.D.BABU,SC,KOZHIKODE CORPORATION FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE,J. ------------------------ W.P.(C)No.32091 of 2008 ------------------------ Dated this the 31st day of October, 2008 JUDGMENT This writ petition has been filed by the petitioner, who is the owner of properties under Re-Survey No.89/1A of Nellikode desom of Kozhikode District, seeking the following prayers; i). A writ of mandamus or any other appropriate writ order or direction to the first and second respondent to that consider the Ext.P4 and Ext.P5 petitions respectively and dispose the same after hearing the petitioner expeditiously. ii). A writ of mandamus or any other appropriate writ order or direction to the respondents that made appropriate changes in the survey sketch in respect of the Kinathinkarathazham – Thondayadu road and delete the lands in RS.No.89/1A of Nellikode WPC.No.32091/2008 2 desom of Nellikode Village from the survey sketch in pursuance of Ext.P3 proceedings of the first respondent. 2. Having considered Ext.P2 judgment of this court and Ext.P3 proceedings of the first respondent Land Acquisition Officer, I feel that there is considerable merit in the submission of the learned counsel for the petitioner that the 2nd respondent ought to be directed to make necessary changes in the survey sketch in respect of the Kinathinkarathazham – Thondayadu road and delete the lands in RS No.89/1A of Nellikode desom of Nellikode Village from the survey sketch pursuant to Ext.P3. As directed by me, Sri.K.D.Babu, learned Standing counsel for Kozhikode Corporation has taken notice for the 2nd respondent. 3. Having considered the averments in the writ petition and the documents placed on record and the submissions addressed at the bar, I dispose of this writ petition issuing the following directions; The 2nd respondent will take up Ext.P5 immediately, consider the same in the light of Exts.P2 and P3 and also the WPC.No.32091/2008 3 averments in the writ petition, hear the petitioner and take a correct decision at the earliest and at any rate within one month of receiving a copy of this judgment and the copy of the entire paper book pertaining to this writ petition. (PIUS.C.KURIAKOSE,JUDGE) dpk