Kerala High Court
Mumtas K.S vs Survey Superintendent on 5 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 14222 OF 2024
PETITIONER/S:
1 MUMTAS K.S
AGED 21 YEARS
D/O. SIDHIQ, KUNNEKUDIYIL HOUSE,
MANIKINAR P.O., PAIMATTOM KARA,
PALLARIMANGALAM VILLAGE, KOTHAMANGALAM TALUK,
ERNAKULAM DISTRICT, PIN - 686 693.
2 MUHASIR K.SIDHIQ
AGED 25 YEARS, S/O. SIDHIQ,
KUNNEKUDIYIL HOUSE, MANIKINAR P.O.,
PAIMATTOM KARA, PALLARIMANGALAM VILLAGE,
KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT,
REP, BY HIS POWER OF ATTORNEY HOLDER,
MUMTAS K.S., D/O. SIDHIQ, KUNNEKUDIYIL HOUSE,
MANIKINAR P.O., PAIMATTOM KARA,
PALLARIMANGALAM VILLAGE, KOTHAMANGALAM TALUK,
ERNAKULAM DISTRICT, PIN - 686 693.
BY ADVS.
JOHNSON MANAYANI
JEEVAN MATHEW MANAYANI
RESPONDENT/S:
1 SURVEY SUPERINTENDENT
RE-SURVEY SUPERINTENDENT OFFICE, MINI CIVIL
STATION, PIRAVOM, PIN - 686 664.
2 THE SECRETARY
TO REVENUE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
3 KAVALANGAD SERVICE COOPERATIVE BANK LTD
NO.1348, NELLIMATTOM P.O., NELLIMATTOM KARA,
KOTHAMANGALAM, ERNAKULAM DISTRICT,
REPRESENTED BY ITS SECRETARY, PIN - 686 693.
OTHER PRESENT:
SRI.AJITH VISWANATHAN, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.14222 OF 2024
2
P.V. KUNHIKRISHNAN, J.
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W.P.(C).No. 14222 of 2024
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Dated this the 5th day of April, 2024
JUDGMENT
This writ petition is filed with following prayers;-
"i. Issue a Writ of Mandamus or any other Writ, Direction or order commanding the 1st respondent to survey, measure and install boundary stones, in accordance with the Litho plan kept by the Survey Department.
ii. Declare that, the 1st respondent is liable to survey, measure and install boundary stones of the petitioners lands described in Exts P2 to P5 in accordance with the Litho plan kept by the Survey Department.
iii. Issue such other order or direction as deem fit and necessary by this Hon'ble court.
iv. To dispense with the translation of Malayalam documents.".
[SIC]
2. The grievance of the petitioners is that even though Exts.P7& P8 are submitted before the 1 st respondent to survey the property of the petitioners in accordance with the Litho plan, the same is not considered by the 1 st respondent.
WP(C) NO.14222 OF 2024 3
3. Heard the learned Counsel for the petitioners and the learned Government Pleader also.
4. After hearing both sides, I think that there can be a direction to the 1st respondent to consider Exts.P7&P8, within a time frame.
Therefore, this writ petition is disposed of with following directions.
I. The 1st respondent is directed to consider and pass orders and take necessary steps in Exts.P7&P8 as expeditiously as possible, at any rate, within two months from the date of receipt of copy of this Judgment and do the needful in accordance to the Litho plan kept by the Survey department.
WP(C) NO.14222 OF 2024 4 II. Till final orders are passed as directed above, Status quo shall be maintained.
Sd/-
P.V. KUNHIKRISHNAN JUDGE S.M.K. WP(C) NO.14222 OF 2024 5 APPENDIX PETITIONERS' EXHIBITS Exhibit P1 THE TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BY THE 2ND PETITIONER IN FAVOUR TO THE 1ST PETITIONER DT 17.9.2022 Exhibit P2 THE COPY OF SALE DEED NO. 1223/22 IN FAVOUR OF THE 1ST PETITIONER DT 14.6.2022 OF SRO POTHANIKKAD Exhibit P3 THE COPY OF THE SETTLEMENT DEED DT 26.7.2022 IN FAVOUR OF THE 2ND PETITIONER OF SRO POTHANIKKAD Exhibit P4 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, PALLIRIMANGALAM DT 1.7.2023 TO THE 1ST PETITIONER Exhibit P5 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, PALARIMANGALAM DT 1.7.2023 TO THE 2ND PETITIONER Exhibit P6 THE TRUE COPY OF THE INTERIM ORDER IN IA NO.5/2023 IN OS NO.141/2023 OF THE MUNSIFF'S COURT, KOTHAMANGALAM DT 19.8.2023 WITHOUT THE ATTACHMENT SCHEDULE Exhibit P7 THE TRUE COPY OF THE PETITION FILED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT DT 20.2.2024 Exhibit.P8 TRUE COPY OF THE PETITION FILED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT DT 20.3.2024