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2024 Supreme(Ker) 115

VIJU ABRAHAM
Teresa Mary George – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Jeswin P. Varghese.
For the Respondents: Ajith Viswanathan, Jayasanker B.

JUDGMENT :

VIJU ABRAHAM, J.

1. The above writ petition is filed challenging Ext.P8 order issued by the 4th respondent and for a consequential direction to respondents 3 and 6 to fix survey marks on the boundaries of plot B described in Ext.P3 survey plan prepared by the 5th respondent, if required, after seeking assistance of the police in case of any obstruction by anyone including respondents 7 and 8.

2. Brief facts necessary for the disposal of the writ petition are as follows:

    Petitioner’s late husband has obtained 3.24 Ares (8 cents) of land by virtue of a Will executed by his mother which was registered as document no. 180/1998 of SRO Thripunithura. Petitioner’s husband died on 10.12.2007 and thereafter on an application submitted by the petitioner and her children, the 3rd respondent has mutated the property in their name as per Ext.P1 order. Pursuant to the same, basic land tax in respect of the above said property was accepted from them as is evident from Ext.P2 receipt. While so, respondents 7 and 8 who are brothers of the petitioner’s late husband attempted to trespass into the aforesaid property whereby the petitioner and her children were constrained to approach the Sub Co

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