IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 22ND SEPTEMBER 2011 / 31ST BHADRA 1933 WP(C).No. 24083 of 2011(I) -------------------------------------- PETITIONER(S): ------------------------ 1. SUDHEENDRAN, S/O. KUNCHU, PLAVILA VEEDU, KARAVARAM VILLAGE, KALLAMBALAM. 2. RAJENDRAN, S/O. KUNCHU, PLAVILA VEEDU, KARAVARAM VILLAGE, KALLAMBALAM. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, THIRUVANANTHAPURAM-695 001. 2. DISTRICT COLLECTOR, CIVIL LINE STATION, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM-695 043. 3. TALUK SURVEYOR, TALUK OFFICE, CHIRAYINKEEZHU, ATTINGAL-695 304. 4. TAHSILDAR, CHIRAYINKEEZHU, ATTINGAL-695 304. R1 TO R4 BY SR GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts ANTONY DOMINIC, J ....................................................... W.P.(C).24083/2011 .............................................. Dated this the 22nd day of September, 2011 JUDGMENT According to the petitioners, their mother late Nani had title over an extent of 33.5 cents in Survey No.11/2-1 and 10 of Karavaram Village which included “virivu” of 5.59 cents also. It is stated that on her death, the property devolved of her legal representatives including the petitioners and that after alienating a portion, the balance left is 15.59 cents which again includes the aforesaid “virivu” portion. While the Petitioners were thus enjoying the total extent, they were issued Ext.P4 Form No.6 proposing to assign survey sub division to the 5.59 cents mentioned above. When notice was issued, petitioners submitted Ext.P5 before the District Collector objecting to Ext.P5. Ext.P5 is still not considered and that led the petitioners to file this writ petition. 2. If as stated by the petitioners, the property was comprised in the extent covered by the title deed in favour of the petitioners' mother and in their favour, necessarily the grievance raised in Ext.P5 deserves to be looked into. W.P.(C).24083/11 2 3. Now that Ext.P5 is pending, I direct the second respondent to examine the same with notice to the parties concerned and as expeditiously as possible, at any rate, within eight weeks of production of a copy of this judgment along with a copy of the writ petition. It is made clear that this Court has not expressed anything on the merits and it is entirely for the second respondent to deal with the same. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs