IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 2ND JUNE 2011 / 12TH JYAISHTA 1933 WP(C).No. 24401 of 2007(E) --------------------------------------- PETITIONER(S): ----------------------- NALINI @ NARAYANIKUTTY, AGED 50, W/O. KARUNAKARAN, PANANGAT HOUSE, CHERPLACHERRY POST, OTTAPALAM TALUK. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENT(S): -------------------------- 1. REVENUE DIVISIONAL OFFICER, OTTAPALAM. 2. CHERPALCHERRY GRAMA PANCHAYAT, REP. BY ITS SECRETARY, PANCHAYAT OFFICE, CHERPLACHERRY. 3. THE DISTRICT SUPERINTENDENT OF SURVEYS, PALAKKAD CIVIL STATION, PALAKKAD. 4. VILLAGE OFFICER, CHERPLACHERRY VILLAGE OFFICE, CHERPLACHERRY. R1, R3 & R4 BY GOVT. PLEADER MR.ANTONY MUKKATH. R2 BY SRI.V.CHITAMBARESH, SENIOR ADVOCATE, ADV. SRI.T.C.SURESH MENON, SRI.JIBU P THOMAS, SRI.P.S.APPU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24401 of 2007(E) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PARTITION DEED DATED 30/12/1992 AND NUMBERED AS 4319 OF 1992 OF CHERPLACHERRY SUB REGISTRAR'S OFFICE. EXT.P2: COPY OF THE PETITION WHICH IS NUMBERED AS REF. NO.F.3564/2006 DATED 06/10/2006. EXT.P3: COPY OF THE PETITION PREFERRED BEFORE THE THIRD RESPONDENT AND DATED 30/06/2007. EXT.P4: COPY OF THE ACKNOWLEDGMENT CARD ISSUED BY THE THIRD RESPONDENT DATED 30/06/2007. EXT.P5: COPY OF THE REPORT SUBMITTED BY THE 4TH RESPONDENT BEFORE THE FIRST RESPONDENT. EXT.P6: COPY OF THE RELEVANT PORTION OF MATHRUBHUMI DATED 02/07/2007. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 24401 of 2007 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 2nd day of June, 2011. J U D G M E N T The petitioner submits that the petitioner is the owner in possession of 21 cents of property in Sy. No. 54/3 in Cherplacherry amsom and desom, which comprises of a private pond lying contiguous to other properties of the petitioner. But the 2nd respondent-Panchayat has taken the stand that this is a pubic pond and therefore the petitioner cannot possess and enjoy the same to the exclusion of the public who have equal right to use the pond. According to the petitioner, all the revenue records show that it is a private pond. According to the Panchayat, the same is unassessed land and therefore Government land vested with the the Panchayat. The petitioner has filed Ext. P3 petition before the 3rd respondent -District Superintendent of Surveys for correction of the re-survey records appropriately regarding the nature of the pond. The petitioner has also filed Ext. P2 petition before the Revenue Divisional Officer for directing the Village Officer, Cherplacherry village to receive the basic tax in respect of the property. The petitioner seeks a direction to respondents 3 and 1 to dispose of Exts.P3 and P2 respectively expeditiously. 2. I have heard the learned Government Pleader also. 3. In the facts and circumstances of the case, I dispose of this writ petition with the following directions: The 3rd respondent shall consider and pass orders on Ext. P3 petition after affording an opportunity of being heard to the petitioner as well as the 2nd respondent-Panchayat, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment, if not already disposed of. Thereafter, the 1st W.P(C) No. 24401 of 2007 -: 2 :- respondent shall take up and pass orders on Ext. P2 petition, after affording an opportunity of being heard to the petitioner and the 2nd respondent-Panchayat as expeditiously as possible, at any rate, within one month from the date when the petitioner produces the order on Ext. P3 from the 3rd respondent. Till such time, the interim order passed in this writ petition would continue to be in force. Sd/- S. Siri Jagan, Judge. Tds/