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C. NAGAMMA, W/O.KUMARA SWAMI PILLAI versus K.V. PURUSHOTHAMAN

High Court of Kerala

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C. NAGAMMA, W/O.KUMARA SWAMI PILLAI v. K.V. PURUSHOTHAMAN - WP(C) No. 21750 of 2007(L) [2007] RD-KL 13089 (16 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 21750 of 2007(L)

1. C. NAGAMMA, W/O.KUMARA SWAMI PILLAI,
... Petitioner

Vs

1. K.V. PURUSHOTHAMAN,
... Respondent

2. NAGAMMA ALIAS MALU PONNAMMA,

3. MALU CHINNAMMA OF -DO- -DO- (DIED),

4. MALU ESSAKKY OF -DO- -DO-.

5. VELAYUDHAN PILLAI,

6. GANESAN PILLAI OF -DO- -DO-.

7. PANDARA PILLAI KUMARASWAMI PILLAI,

8. CHINNAMMA KOLAMMA (ADDL.7TH DEFENDANT),

9. MEENAKSHI CHELLAMMA (ADDL.8TH DEFENDANT)

10. VELAYUDHAN PILLAI SHIVATHANU PILLAI,

11. VELAYUDHAN PILLAI SWARNAMUTHU PILLAI,

12. VELAYUDHAN PILLAI MUTHUKRISHNA PILLAI

13. CHELLAMMA MUTHAMMA (MINOR),

14. CHELLAMMA PILLAI NADARAJA PILLAI

15. KOLAMMA CHANDRIKA (ADDL.14TH DEFENDANT)

16. KOLAMMA THANKOM (ADDL.15TH DEFENDANT)

17. RAJA RAJESWARI (ADDL.17TH DEFENDANT)

18. BHUVANESWARI (ADDL. 18TH DEFENDANT),

19. AMBIKA (ADDL.19TH DEFENDANT),

20. CHANDRIKA (ADDL.20TH DEFENDANT),

21. SREEMURUKAN (ADDL.21ST DEFENDANT),

22. GOPAKUMARAN (ADDL. 18TH DEFENDANT),

For Petitioner :SRI.R.GOPAN

For Respondent : No Appearance

The Hon'ble MR. Justice M.N.KRISHNAN

Dated :16/07/2007

O R D E R

M.N.KRISHNAN, J.

WP(C)No. 21750 OF 2007 L

Dated this the 16th July, 2007.



JUDGMENT

This writ petition is filed to set aside the order passed by the Subordinate Judge, Neyyattinkara whereby the decree holder has been directed to take steps for getting assistance of the Superintendent, District Survey Office, Thiruvananthapuram. What is sought to be executed is the decree of the court and the court has given a decree after a prolonged trial to give the property described as COLK to the decree holder. When an execution is being taken out now it is attempted to be projected that such a property cannot be identified at all. I am conscious of the fact that the property which is decreed alone can be delivered to the party and nothing else. Now, when the Village Officer goes to the plot and submits that it is not identifiable a higher authority viz., the District Superintendent of Survey who is well qualified will be certainly able to look into the matter and find out whether the property can be delivered by fixing the property strictly in accordance with the decree passed by the court. There is nothing to be set aside so far as this case is concerned because the Village Officer and the Taluk Surveyor only expressed their inability to fix the stones. WPC 21750/07 2 Anyhow, they cannot have a better say than a decree of the civil court. Therefore, the decree of the civil court is to be respected and implemented and for that purpose if the assistance of the District Superintendent of Survey is necessary that has to be allowed and that is what has been precisely done by the executing court. The property may be visited and located. I feel in this case if the commissioner who bas fixed the property as COLK is available, he may be directed to visit the property with the assistance of District Superintendent of Survey, demarcate it and thereafter, after hearing both sides including the objection that has been raised by the present writ petitioner the matter be disposed of in accordance with law. Writ petition is disposed of accordingly. M.N.KRISHNAN Judge jj


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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