Sukhendu S vs State Of Kerala
2021 Latest Caselaw 12240 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.8028 OF 2021(C)


PETITIONER/S:

      1         SUKHENDU S
                AGED 57 YEARS
                S/O.N.SWAMINATHAN, SNV BUNGLOW, PTHENCHANATHA,
                VARKALA-695 141, THIRUVANANTHAPURAM

      2         SOORAJ.S.
                AGED 52 YEARS
                S/O.N.SWAMINATHAN, SNV BUNGLOW, PTHENCHANATHA,
                VARKALA-695 141, THIRUVANANTHAPURAM

                BY ADVS.
                SRI.KALEESWARAM RAJ
                SRI.VARUN C.VIJAY
                SMT.MAITREYI SACHIDANANDA HEGDE

RESPONDENT/S:

      1         STATE OF KERALA
                REPRESENTED BY THE SECRETARY TO GOVERNMENT,
                DEPARTMENT OF REVENUE, SECRETARIAT,
                THIRUVANANTHAPURAM-695 001

      2         SECRETARY,
                WATER RESOURCES DEPARTMENT, 1ST FLOOR, NORTH BLOCK,
                SECRETARIAT, THIRUVANANTHAPURAM-695 001

      3         LAND REVENUE COMMISSIONER,
                LAND REVENUE COMMISSIONER, REVENUE COMPLEX, PUBLIC
                OFFICE BUILDING, MUSEUM, THIRUVANANTHAPURAM-33

      4         DISTRICT COLLECTOR
                THIRUVANANTHAPURAM, 2ND FLOOR, CIVIL STATION
                BUILDING, CIVIL STATION ROAD, THIRUVANANTHAPURAM-695
                043

      5         REVENUE DIVISIONAL OFFICER,
                THIRUVANANTHAPURAM REVENUE DIVISION, 1ST FLOOR,
                KUDAPPANAKUNNU, THIRUVANANTHAPURAM-695 043

      6         TAHASILDAR,
                TALUK OFFICE, VARKALA TALUK, COURT ROAD, VARKALA-695
 WP(C).No.8028 OF 2021(C)

                               2

             141

      7      CHIEF SECRETARY,
             GOVERNMENT OF KERALA, SECRETARIAT,
             THIRUVANANTHAPURAM-695 001

      8      ADDL R8, TAHASILDAR(LR)
             TALUK OFFICE, VARKALA TALUK COURT ROAD, VARKALA-
             695141, THIRUVANANTHAPURAM, ADDL R8 IS IMPLEADED AS
             PER ORDER DATED 13-04-2021 IN IA 1/2020 IN
             WP(C)8028/2021.


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.8028 OF 2021(C)

                                      3




                              JUDGMENT

Dated this the 23rd day of April 2021

This writ petition is filed by the petitioner seeking the following

reliefs:

i)To declare that the 2nd respondent is liable to restore Cherukunnam thodu that existed in re-survey Nos.13,14 and 15 in Block No.212 in Vettoor Village, varkala Taluk coming under the jurisdiction of Varkala Municipality.

ii) To issue a writ of mandamus directing the 2nd respondent to pass orders to take necessary steps to restore Cherukunnam thodu that existed in re-survey Nos.13,14 and 15 in Block No.212 in Vettoor Village, varkala Taluk coming under the jurisdiction of Varkala Municipality. Iii) To declare that the 4th respondent is liable to rectify the survey records of re-survey Nos. 13,14 and 15 in Block No.212 in Vettoor Village, varkala Taluk as Cherukunnam thodu after obtaining the necessary reports from 5 th and 6th respondents.

iv) To issue a writ of mandamus directing the 4 th respondent to pass appropriate orders rectifying the survey records of .re-survey Nos. 13,14 and 15 in Block No.212 in Vettoor Village, varkala Taluk as Cherukunnam thodu after obtaining the necessary reports from 5 th and 6th respondents.

WP(C).No.8028 OF 2021(C)

v) To issue a writ of mandamus directing the 4 th respondent to pass appropriate orders rectifying the survey errors that have been crept in Sy.No.95 in Block No.211 in Vettoor Village, Varkala Taluk so as to enable the 2 nd petitioner to pay tax to the entire 7.50 cents of property belonging to him.

v) To direct the 3rd respondent to consider and pass orders in Ext.P4 representation within a time frame to be fixed by this Hon'ble Court.

2. Today when the matter is taken up for consideration,

learned Counsel for the petitioner submitted that he would be

satisfied if a direction is issued to the 8 th respondent to dispose of

Ext.P4 representation.

3. Having heard the learned Counsel for the petitioner and

the learned Government Pleader, without making any observation on

the merits of the matter, this writ petition is disposed of, directing the

8th respondent to consider and pass appropriate orders on Ext.P4

representation, as expeditiously as is possible and at any rate, within

two months from the date of receipt of a copy of this judgment, after

affording an opportunity of hearing to the petitioner. If Ext.P4 is

pending before the 4th respondent, the same shall be forwarded by the

4th respondent to the 8th respondent within one week from the date of WP(C).No.8028 OF 2021(C)

receipt of this judgment. The petitioner will produce a copy of this

judgment along with a copy of the writ petition before respondent

Nos.4 and 8 for compliance.

The writ petition is disposed of accordingly.

Sd/

P.V.KUNHIKRISHNAN

JUDGE

Jm/ WP(C).No.8028 OF 2021(C)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT ISSUED IN THE YEAR 2012 FOR THE FIRST AND SECOND PROPERTIES

EXHIBIT P2 TRUE COPY OF THE RESURVEY MAPS OF BLOCK NUMBERS 211 AND 212

EXHIBIT P2A TRUE COPY OF THE OLD SURVEY MAP FOR THE SAID AREA

EXHIBIT P3 TRUE COPY OF THE LETTER DATED 20.10.2020 SUBMITTED BY THE PETITIONERS BEFORE THE 6TH RESPONDENT

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 4TH RESPONDENT