VELAPPAN NAIR Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) PETITIONERS have approached this Court challenging Exts. P3 and P8 notices issued by the 4th respondent proposing to conduct survey with reference to the property in Sy. No. 133/7 of Asamannoor Village, Kunnathunadu, coming under Block No. 14.

(2.) THE petitioners submit that they had obtained a decree from a civil court when there was an attempt on the part of the State Government as well as the Panchayat to trespass into the property of the petitioners. The suit was decreed and the civil court had granted a decree declaring the petitioners as owners in possession of certain item of the land specified in Ext. C2(a) plan. As far as the 1st petitioner is concerned, his title has been declared with reference to plots 1, 2 and 3 and plot no. 4 has been declared in favour of the 2nd plaintiff. The defendants are also restrained from trespassing ino plaint A and B scheduled properties or from committing any waste. According to the petitioners, despite such decree being passed, the respondent authorities are intending to survey the property in Sy. No. 133/7.

(3.) THE learned Government Pleader also relies upon paragraph 9 of the judgment in O.S. No. 95/2008 to contend that the court has specifically indicated that the thodu and its bund on the eastern side of plaint A & B schedule properties which are denoted as plot Nos. 5 and 6 is situated in re -survey No. 133/7.