M/S. Harrisons Malayalam Ltd vs State Of Kerala
2021 Latest Caselaw 12121 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR. JUSTICE T.R.RAVI

    TUESDAY, THE 20TH DAY OF APRIL 2021 / 30TH CHAITHRA, 1943

                       WP(C).No.8875 OF 2021(H)


PETITIONER:

               M/S. HARRISONS MALAYALAM LTD.
               BRISTOW ROAD, WILLINGTON ISLAND,
               COCHIN-682 003, REPRESENTED BY
               ITS HEAD - LEGAL, MR.SUMITH BABU.

               BY ADVS.
               SRI.M.GOPIKRISHNAN NAMBIAR
               SRI.K.JOHN MATHAI
               SRI.JOSON MANAVALAN
               SRI.KURYAN THOMAS
               SRI.PAULOSE C. ABRAHAM
               SRI.RAJA KANNAN


RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT,
               GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695 001.

      2        DISTRICT COLLECTOR,
               COLLECTORATE, KOTTAYAM-686 002.

      3        THE SUB COLLECTOR,
               REVENUE DIVISIONAL OFFICE,
               MINI CIVIL STATION, THIRUNAKKARA,
               KOTTAYAM-686 001.

      4        TAHSILDAR (LAND RECORDS),
               TALUK OFFICE, KANJIRAPILLY,
               KOTTAYAM-686 555.

      5        MUNDAKAYAM GRAMA PANCHAYAT,
               MUNDAKAYAM P.O., KOTTAYAM-686 513,
               REPRESENTED BY ITS SECRETARY.
 W.P.(C)No.8875 of 2021
                                2


       6       SECRETARY,
               MUNDAKAYAM GRAMA PANCHAYAT,
               MUNDAKAYAM P.O., KOTTAYAM-686 513.


     THIS WRIT PETITION (CIVIL) HAVING COME UP      FOR
ADMISSION ON 20.04.2021, THE COURT ON THE SAME      DAY
DELIVERED THE FOLLOWING:
 W.P.(C)No.8875 of 2021
                                      3




                                JUDGMENT

Dated this the 20th day of April, 2021

Learned Government Pleader takes notice for respondents 1 to 4.

Learned standing counsel takes notice for respondents 5 and 6.

2. The prayer in the writ petition is for a direction to respondents

5 and 6 to complete the survey of Manimala river puramboke within a

time limit to be prescribed by this court.

3. I heard learned counsel for the petitioner and learned counsel

for the respondents.

4. Learned standing counsel for respondents 5 and 6 submits that

they have already taken necessary steps for the purpose of completion of

the survey and that a report has already been placed before the Tahsildar

and it is now for the Tahsildar to complete the survey. Learned standing

counsel also submits that as and when demands are made regarding the

payment for the survey, they are willing to pay the amounts also.

5. Learned Government Pleader submits that a period of two

months will be required to complete the survey, particularly, since

revenue officials are busy with the completion of election process.

In the circumstances, the writ petition is disposed of directing the W.P.(C)No.8875 of 2021

4th respondent to carry out the survey of Manimala river puramboke with

notice to the petitioner, respondents 5 and 6 and any other affected

persons. Respondents 5 and 6 will provide all necessary assistance to the

4th respondent for the purpose of effecting the survey. The entire

process will be completed within a period of two months from the date of

receipt of a certified copy of this judgment.

Sd/-

T.R.Ravi Judge

vpv W.P.(C)No.8875 of 2021

APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1               TRUE   COPY        OF   THE    ORDER  DATED
                         01.04.2019        PASSED    BY    THE   3RD
                         RESPONDENT.

EXHIBIT P2               TRUE   COPY   OF   THE  LETTER   DATED

26.04.2019 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT.

EXHIBIT P3               TRUE   COPY   OF   THE   LETTER   DATED
                         06.05.2019    ISSUED   BY    THE    4TH

RESPONDENT TO THE 6TH RESPONDENT SECRETARY, MUNDAKAYAM GRAMA PANCHAYAT WITH COPY OF THE PETITIONER.

EXHIBIT P4 TRUE COPY OF THE LETTER DATED 05.08.2019 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE REPORT DATED 30.05.2019 SUBMITTED BY THE SURVEY TEAM TO THE 4TH RESPONDENT.

EXHIBIT P6               TRUE   COPY   OF   THE   LETTER   DATED
                         07.06.2019    ISSUED   BY    THE    4TH

RESPONDENT TO THE 3RD RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE REPORT DATED 02.08.2019 SUBMITTED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT (WITHOUT ITS ENCLOSURES).

EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 26.09.2019 IN WRIT PETITION(CIVIL) NO.25732 OF 2019.

EXHIBIT P9 TRUE COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT DATED 22.11.2019 BEARING NO.C11581/2019.

EXHIBIT P10 TRUE COPY OF THE REQUEST FOR INFORMATION UNDER THE RTI ACT MADE BY THE PETITIONER TO THE 6TH RESPONDENT ON 19.03.2020.

W.P.(C)No.8875 of 2021

EXHIBIT P10 A TRUE COPY OF THE REPLY OF THE 6TH RESPONDENT DATED 10.06.2020 TO THE PETITIONER'S RTI REQUEST.

EXHIBIT P11              TRUE COPY OF THE PETITIONER'S LETTER
                         DATED    08.12.2020  TO    THE   6TH
                         RESPONDENT.


                                                     /TRUE COPY/



                                                    P.A. TO JUDGE