MUHAMMED SALIM Vs. VILLAGE OFFICER

JUDGEMENT

(1.) The prayers in this Writ Petition (Civil) are as follows:

(2.) Heard Sri.M.C.John, learned counsel for the petitioner and Sri.K.J.Mohammed Anzar, learned Special Government Pleader appearing for the respondents.

(3.) It is stated that the petitioner is a co- owner of 13.91 acres comprised in Sy.Nos.342 C2, 42 B2 and 342 B3 of Kuthannur I Village, Alathur Taluk, Palakkad Revenue District. The property originally belonged to one Sri.T.N.Seshan, from whom the assignors of the petitioner had purchased the same as per Ext.P-2 registered sale deed No.165/67 dated 11.3.1967 and the said assignors had conveyed the said properties covered by Ext.P-2 to the petitioner and his brothers as per Ext.P-1 registered sale deed No.1171/74 dated 7.6.1974. Later, the petitioner had filed suit for partition of the said properties as O.S.No.130/1998 before the Munsiff's Court, Alathur, wherein the said Court had ordered a preliminary decree for partition of the properties by metes and bounds as per Ext.P-3 decree dated 31.3.2000 in O.S.No.130/1998. Thereafter, the Taluk Surveyor concerned was deputed to conduct the survey and measurement and he has taken the stand that the property in question is a vested forest. A contention was raised by the petitioner that as a matter of fact the surveyor has mistakenly opined that the properties are comprised in Kuthanur II Village and whereas the property in question is actually lying in Kuthanur I Village, where there is no private forest. The said issue was adjudicated by the civil court and by Ext.P-4 order it was found that the plaint schedule property is situated in Kuthannur I Village and had directed the Taluk Surveyor and the Commissioner to measure the item of properties mentioned therein.