High CourtsSingle Bench(2012) 05 KL CK 0021

P.K. Anwar Kunhibava vs The State of Kerala and Thrissur Corporation

High Court Of Kerala · Decided on 29 May 2012

HON’BLE JUDGES
T.R. Ramachandran Nair, J
CASE NUMBER
Writ Petition (C) . No. 12170 of 2012 (U)

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Judgment

5 paragraphs · 323 words

T.R. Ramachandran Nair, J.—The petitioner along with his brother P.K. Ayoob are owners of 241 cents of land lying within the limits of Thrissur Corporation. Their title deeds are sale deeds Nos. 64/2005, 2964/2005 and 5825/2005 of the Thrissur S.R.O. The first two documents were registered and executed on the 29th and 30th days of March 2005 and the 3rd one was registered on 23.08.2005. There were land acquisition proceeding involving the property. But the requisitioning authority, the Thrissur Urban Development Authority did not deposit the land value. Hence the land acquisition proceedings got elapsed. But 10 cents of property was allegedly transferred to them. Ext.P1 is the Government Order whereby a direction was issued to release the property from the acquisition proceedings.

2.

Therein, no particular direction was issued to the TUDA, to transfer back 10 cents of property to the predecessor of the petitioners. During this time the petitioner purchased the property from the predecessor. Seeking for re-transfer of 10 cents, representations have been filed by their owners as Exhibits P3 and P4 and by petitioner as Exhibit P5.

3.

It is submitted by the learned Government Pleader that property transferred to the TUDA, is still lying as a part of the remaining property in the possession of the petitioner and his brother. The return of the property is therefore depends upon the proceedings to be issued on Ext.P5 representations.

4.

The learned counsel appearing for the petitioner prays for a direction to consider Ext.P5 within a time limit. This writ petition is disposed of with a direction to the 1st respondent to take decision on Exhibit.P5 after calling for the records and after hearing the petitioner and other necessary parties within a period of five months from the date of receipt of a copy of this judgment.

Petitioner will forward a certified copy of the judgment along with a copy of the writ petition to the 1st respondent for compliance.