BAIJU FRANCIS Vs. SASIKALA

JUDGEMENT

(1.) This original petition is filed seeking the following reliefs:

(2.) The petitioners herein are the additional plaintiffs in O.S.No.92 of 2011 on the files of the 2nd Additional Sub Court, Ernakulam. The suit was filed for declaration, fixation of boundary and injunction over the plaint 'C' schedule property which is the balance extent leftover in 'A' schedule property. The defendants had entered appearance and filed written statement contending that no part of the property belongs to C.P.Joseph, in Re-Survey block No.17, Re.Sy.No.48/21. The original plaintiff filed a commission application as I.A. No.818 of 2013 to conduct the measurement of the plaint schedule properties with the assistance of a Taluk Surveyor based on the Title Deed of the plaintiffs and also upon old survey records. The commissioner filed a report.

(3.) The original plaintiff filed W.P.(C) No.12260 of 2011, for a direction to the revenue authorities to demarcate and provide separate sub-division Nos. to the property owned by C.P.Joseph. This Court, by judgment dtd. 12/4/2011, disposed of the writ petition directing the Taluk authorities to consider and pass orders on the complaint filed by the original plaintiff. Thereafter, the inspection was conducted, and the sketch was prepared. The defendants filed a review petition as R.P.No.200 of 2011, seeking the review of the judgment in W.P.(C) No.12260 of 2011. That R.P. was disposed of directing the Taluk Authorities to consider and pass orders in the application filed by the plaintiff under Sec. 13A of the Kerala Surveys and Boundaries Act, within six weeks. Based on the report, the Additional Tahsildar (LR) closed the application and forwarded the file to sub-divide and effect mutation of the said 1.96 Ares mistakenly included in Re-survey Block No.17, Re.Sy.No.48/21 to the name of the original plaintiff and to make necessary changes in the revenue records.