Binu K.S vs The District Collector

Citation : 2022 Latest Caselaw 6629 Ker
Judgement Date : 9 June, 2022

Kerala High Court
Binu K.S vs The District Collector on 9 June, 2022
            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MR. JUSTICE T.R.RAVI
  THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
                      WP(C) NO. 8527 OF 2022
PETITIONER:

            BINU K.S
            AGED 47 YEARS
            BINU BHAVAN, THUMPAMON P.O
            PATHANAMTHITTA DISTRICT- 689502., PIN - 689502
            BY ADV MS.ATHIRA A.MENON


RESPONDENTS:

    1       THE DISTRICT COLLECTOR
            COLLECTORATE PATHANMTHITTA
            2ND FLOOR, COLLECTORATE ROAD
            CHITTOOR, PATHANAMTHITTA -689645., PIN - 689645
    2       THAHSILDAR (LR)
            ADOOR TALUK OFFICE
            PARASS LA, ADOOR
            PATHANAMTHITTA -691523.
    3       TALUK SURVEYOR
            ADOOR, ADOOR TALUK OFFICE
            PATHANAMTHITTA -691523
    4       VILLAGE OFFICER
            VILLAGE OFFICE, THUMPAMON
            PATHANAMTHITTA - 689502,
    5       P.R RAMADEVI
            AGED 61 YEARS
            W/O KRISHNANKUTTY NAIR
            ANOOP SADANAM (MOOTHERIL)
            PATHANAMTHITTA DISTRICT -689502, PIN - 689502
            SMT.C.S. SHEEJA, SR.GOVT.PLEADER

     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   09.06.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C)No.8527/2022
                                   2




                             T.R. RAVI, J.
              --------------------------------------------
                       W.P.(C)No.8527 of 2022
               --------------------------------------------
                 Dated this the 9th day of June, 2022

                             JUDGMENT

Notice was ordered to the 5th respondent. The 5th respondent has been served notice. However there is no appearance on behalf of the 5th respondent.

2. The prayer in the writ petition is for a direction to the 2nd and 3rd respondents to measure and point out the boundaries of the petitioner's property covered by Ext.P1 document based on Ext.P10 survey sketch. The petitioner has preferred Ext.P9 application on 17.01.2022 before the 2nd respondent. It is stated that the application is still pending.

In the above circumstances, the writ petition is disposed of directing the 2nd respondent to consider and pass orders on Ext.P9 after hearing the petitioner and 5th respondent and such other interested persons. Necessary orders shall be issued within two months from the date of receipt of a copy of this judgment.

Sd/-

T.R. RAVI JUDGE sn W.P.(C)No.8527/2022 3 APPENDIX OF WP(C) 8527/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DOCUMENT NO 8135/2008 OF SRO PANTHALAM DATED 26.02.2008 Exhibit P2 TRUE COPY OF THE TAX RECEIPT DATED 19.04.2021 ISSUED BY THE THUMPAMON VILLAGE IN FAVOUR OF THE PETITIONER Exhibit P3 TRUE COPY OF THE RECEIPT DATED 17.06.2019 ISSUED BY THE SURVEY DEPUTY DIRECTORATE OFFICE, PATHANAMTHITTA Exhibit P4 TRUE COPY OF THE CHALAN IN FAVOUR OF KERALA TREASURY DATED 16.11.2019 Exhibit P5 TRUE COPY OF THE REPORT OF TALUK SURVEYOR WHICH IS OBTAINED BY THE PETITIONER THROUGH RTI DATED 10.08.2021 Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 31.08.2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P7 TRUE COPY OF THE COMMUNICATION DATED 01.09.2021 ISSUED BY THE 1ST RESPONDENT Exhibit P8 TRUE COPY OF THE COMMUNICATION DATED 18.10.2021 ISSUED BY THE 2ND RESPONDENT Exhibit P9 TRUE COPY OF THE COVERING LETTER DATED 17.12.2021 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P10 TRUE COPY OF THE SURVEY SKETCH PREPARED BY THE 3RD RESPONDENT IN THE YEAR 2012