IBRAHIM.P.P. Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition pertains to the properties situated in 8/2 of the Kumaramangalam village. The petitioner submits that the above properties are revenue land. The petitioner and others are using the above land for the last several years as volly ball court. The dispute is now on account of the claim of the Thodupuzha Municipality. According to the petitioners the municipality has no land in the above survey number. The municipality seems taking steps to construct commercial building in the above land. This Court passed an order of status quo on 26.9.2014.

(2.) The Contempt of Court Case No.1117/2014 arises alleging violation of the status quo ordered in the writ petition by this Court. The Contempt is filed by the Municipality against the writ petitioner alleging violation of the order of statusquo. This Court as per the order dated 17.9.2014 directed the Tahsildar to identify the property whether this belongs to the Municipality or the Revenue.

(3.) A counter affidavit has been filed on behalf of the 3rd respondent along with a sketch. It is pointed out in the counter affidavit itself that there are certain anomalies with respect to survey of the property claimed by the Municipality and the above property belongs to Municipality. The Tahsildar also relied on sketch. The petitioner has a case that the Tahsildar has not conducted any inspection of the property and merely produced a sketch drawn in the year 2003. Therefore, it is submitted by the petitioner that the identification of the property is inconclusive in the matter, and it requires further probe by a competent senior officer.