M WILBYNATHAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) HEARD the learned counsel for the petitioners as well as for the respondents.

(2.) THE brief facts of the case, as stated by the petitioners, are as follows:- It is submitted on behalf of the petitioners that they are in possession and enjoyment of certain properties in Ponmanai Village, Kalkulam Taluk, Kanyakumari District. THE suit had been filed in O.S.No.189 of 1989, on the file of the District Munsif, Padmanabhapuram, which had been subsequently transferred and re-numbered as O.S.No.57 of 1984, on the file of the Principal District Munsif, Padmanabhapuram. By a Judgment and Decree, dated 22.08.1985, the petitioners' title had been declared and a permanent injunction had been granted in favour of the petitioners recognizing their possession over the said properties. An appeal had been filed against the said Judgment and Decree, dated 22.08.1985, in A.S.No.98 of 1985, on the file of the District Court, Kanyakumari at Nagercoil. By a Judgment and Decree, dated 16.08.1988, the appeal had been dismissed confirming the Judgment and Decree of the trial Court. Based on the decision of the Courts below, a resurvey of the suit properties had to be done, including portions of lands classified as poramboke, and patta was to be issued, based on the resurvey proceedings.

(3.) THE learned Government Advocate appearing on behalf of the respondents has submitted that the Judgment and Decree of the Courts below, would be implemented within a period of six months from today. An affidavit has also been filed to that effect by the District Collector, Kanyakumari District, Nagercoil, stating as follows:-