IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 WP(C).No. 35469 of 2003(V) ------------------------------------- PETITIONER(S): --------------------- KUNNUMPURATH MAVILA KALYANI AMMA, D/O. LATE LAKSHMI AMMA, AGED 70 YEARS, KUNDAYAN KOVVAL, KANKOL P.O., (VIA) PAYYANNUR, KANNUR DISTRICT. BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENT(S): ------------------------ 1. DISTRICT COLLECTOR, KANNUR. 2. DEPUTY DIRECTOR, SURVEY AND LAND RECORDS, KANNUR. 3. SUPERINTENDENT, SURVEY AND LAND RECORDS, PAYYANNUR. GOVERNMENT PLEADER SRI.NOBLE MATHEW FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 35469/2003-V APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE NOTICE NO.11/2003 DATED 18/02/2003 ISSUED BY THE VILLAGE OFFICER, KANKOL TO THE PETITIONER. EXT.P2: COPY OF THE REPRESENTATION DATED 22/07/2002 SUBMITTED BY ANOTHER THARAWAD MEMBER, CHINDAN NAMBIAR BEFORE THE 3RD RESPONDENT. EXT.P3: COPY OF THE ORDER NO.REF. D4.23/2000 DATED 29/07/2002 OF THE 3RD RESPONDENT TO THE ABOVE CHINDAN NAMBIAR. EXT.P4: COPY OF THE REGISTERED LETTER DATED 09/10/2002 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE Rs/ KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.35469 of 2003 ----------------------------------------- Dated this the 29th day of October, 2008 JUDGMENT The writ petition is filed with the following prayers:- (i) issue a writ of mandamus or any other appropriate writ commanding the respondents to measure 1 acre 46 cents of land in R.S.102/10 and 102/11 of Kankol amsom desom, Taliparamba Taluk, Kannur District and based on the records to assign new single re-survey number. (ii) to declare that the action of the respondents in assigning two different re-survey numbers in respect of a single property earlier assigned single survey number 29/4 and re-survey No.101/4 is wrong in law. It is seen that the petitioner has submitted Ext.P4 before the first respondent. There will be a direction to the first respondent to look into Ext.P4 with notice to the petitioner and other affected parties and take appropriate action in accordance with law within a period of four months from the date of production of a copy of the judgment along with a copy of the writ petition. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.35469 of 2003 ----------------------------------- JUDGMENT 29th October, 2008