MEENAKSHI, W/O.YOGENDRA ACHARYA versus STATE OF KERALA,R EP. BY THE CHIEF

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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MEENAKSHI, W/O.YOGENDRA ACHARYA v. STATE OF KERALA,R EP. BY THE CHIEF - WP(C) No. 35554 of 2004(G) [2007] RD-KL 13384 (18 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 35554 of 2004(G)

1. MEENAKSHI, W/O.YOGENDRA ACHARYA
... Petitioner

Vs

1. STATE OF KERALA,R EP. BY THE CHIEF
... Respondent

2. THE REVENUE DIVISIONAL OFFICER,

3. V.M.FAROOK, MERCHANT,

For Petitioner :SMT.T.D.RAJALAKSHMI

For Respondent :SRI.T.SETHUMADHAVAN

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :18/07/2007

O R D E R

KURIAN JOSEPH, J.

W.P. (C). NO. 35554 OF 2004

Dated this the 18th day of July, 2007.

J U D G M E N T

This writ petition is filed with the following prayers:

a) Issue a writ of mandamus or other appropriate writ, order or direction directing the respondents 1 and 2 to consider the petition/complaint Ext. P1 and P2 and pass appropriate orders.

b) Issue a writ of prohibition restraining the 3rd respondent from obstructing the petitioner's property in any manner.

2. Inviting reference to Exhibit R3-A judgment of the Civil Court, it is submitted that there is no encroachment. Learned Government Pleader on instruction submits that on an enquiry by the Tahsildar it was found that the third respondent has still made some encroachment and hence proceedings were pending before the second respondent as M.C. No. 31/2003. There will be a direction to the second respondent to dispose of the said proceedings with notice to the petitioner and third respondent within a period of four months from the date of receipt of a copy of this judgment. This writ petition is disposed of as above.

KURIAN JOSEPH, JUDGE.

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