Roshan K.X vs District Collector
2021 Latest Caselaw 12199 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

     FRIDAY, THE 23RD DAY OF APRIL 2021 / 3RD VAISAKHA, 1943

                       WP(C).No.10249 OF 2021(E)


PETITIONER/S:

                ROSHAN K.X,AGED 50 YEARS
                S/O. K.V.XAVIER, KALLUMADATHIL HOUSE, KUTTAMANGALAM,
                PAREEKANNY P.O., ERNAKULAM-686693.

                BY ADV. SRI.DENIZEN KOMATH

RESPONDENT/S:

      1         DISTRICT COLLECTOR,
                COLLECTORATE, KAKKANAD, ERNAKULAM-682030.

      2         DISTRICT SURVEY SUPERINTENDENT,
                COLLECTORATE, KAKKANAD, ERNAKULAM-682030.

      3         TAHSILDAR,
                TALUK OFFICE, KOCHI-682001.

      4         NJARAKKAL GRAMA PANCHAYAT,
                NJARAKKAL P.O., PIN-682505, REPRESENTED BY ITS
                SECRETARY.


OTHER PRESENT:

                SRI.SUNIL KURIAKOSE, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.10249 OF 2021(E)           2




                       P.V.KUNHIKRISHNAN, J.
                    --------------------------------------
                     W.P.(C) No. 10249 OF 2021
                    --------------------------------------
                Dated this the 23rd day of April, 2021

                              JUDGMENT

This writ petition is filed mainly with a prayer for issuing

appropriate direction to the respondents to consider Ext.P3

representation.

2. The petitioner is one among the legal heirs of deceased

K.V.Xavier. He is aggrieved by the anomaly in survey records and

panchayath records relating to the width of a byroad that passes

through the properties of the petitioner and his brothers. The

petitioner narrated his grievance in Ext.P3. Without going to the

merit of the case, there can be a direction to the first respondent to

consider Ext.P3 and pass appropriate orders in it.

Therefore, this Writ Petition is disposed of, directing the first

respondent to consider Ext.P3 and pass appropriate orders on it,

after hearing the petitioner and all other affected parties. I make it

clear that, I have not considered the merit of the contentions. The

first respondent will dispose of Ext.P3, within two months from the

date of receipt of a copy of this judgment.

Sd/-

P.V.KUNHIKRISHNAN JUDGE JM

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE PHOTOCOPY OF THE DOCUMENT BEARING NO.670/2018 OF SRO NJARAKKAL.

EXHIBIT P1(A) TRUE PHOTOCOPY OF THE LAND TAX RECEIPT OF THE PROPERTY.

EXHIBIT P2 TRUE PHOTOCOPY OF THE FMB SKETCH IN BLOCK NO.8 OF SURVEY NO.584 OF NJARAKKAL VILLAGE ISSUED BY THE ASSISTANT DIRECTOR OF SURVEY AND LAND RECORDS.

EXHIBIT P3 TRUE PHOTOCOPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER AND OTHERS BEFORE THE RESPONDENTS.

EXHIBIT P3(A) TRUE PHOTOCOPY OF THE POSTAL RECEIPT.