Sanjeev vs The District Collector
2021 Latest Caselaw 15925 Ker

WP(C) NO. 15328 OF 2021        1



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
    MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
                    WP(C) NO. 15328 OF 2021
PETITIONERS:

    1     SANJEEV,
          AGED 55 YEARS
          S/O. VASUDEVAN NAIR, SREELAKAM, PANACHICKAL
          PADINJAREPURAYIL HOUSE, PERUMPULLIKKAL P.O.,
          PANDALAM-THEKKEKARA VILLAGE, ADOOR TALUK,
          PATHANAMTHITTA DISTRICT-689501.

    2     SREEDEVI,
          AGED 50 YEARS, W/O. SANJEEV, SREELAKAM, PANACHICKAL
          PADINJAREPURAYIL HOUSE, PERUMPULLIKKAL P.O.,
          PANDALAM-THEKKEKARA VILLAGE, ADOOR TALUK,
          PATHANAMTHITTA DISTRICT-689501.

          BY ADVS.
          ALIAS M.CHERIAN
          K.M.RAPHY
          ANJALY ELIAS
          BRISTO S PARIYARAM



RESPONDENTS:

    1     THE DISTRICT COLLECTOR,
          COLLECTORATE, PATHANAMTHITTA DISTRICT-689645.

    2     THE EXECUTIVE ENGINEER (ROAD DIVISION),
          PUBLICS WORKS DEPARTMENT, COLLECTORATE COMPOUND,
          PATHANAMTHITTA DISTRICT-689645

    3     THE ASSISTANT EXECUTIVE ENGINEER (ROAD DIVISION),
          PUBLIC WORKS DEPARTMENT, ADOOR, PATHANAMTHITTA
          DISTRICT-691523

    4     THE TALUK SURVEYOR,
          ADOOR TALUK OFFICE, ADOOR, PATHANAMTHITTA DISTRICT-
          691523.
 WP(C) NO. 15328 OF 2021         2




    5     THE VILLAGE OFFICER,
          PANDALAM-THEKKEKARA VILLAGE, PETHUMPULICAL P.O.,
          ADOOR TALUK, PATHANAMTHITTA DISTRICT-689501.

    6     ADDL R6.

          THE TAHSILDAR (LR),
          ADOOR,

          (ADDITIONAL R6 IS SUO MOTU IMPLEADED AS PER JUDGMENT
          DATED 02/08/2021 IN WPC NO.15328/2021)



          SRI SAYED M THANGAL, GOVERNMENT PLEADER




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15328 OF 2021              3



                                  JUDGMENT

The petitioners state that they are the absolute owners in title and

possession of property having an extent of 1.10 Ares falling in Sy. No.50/6 in

Pandalam Thekkekkara Village. The said property was purchased by them on

the cover of Ext.P1 sale deed. It is submitted that the petitioners have effected

mutation and have been paying tax as is evident from Ext.P2. Ext.P3 is relied

on by the petitioner to contend that on 29.7.2020, possession certificate has

been issued by the Village Authorities acknowledging that the petitioners are in

possession of the property covered under Ext.P1. The petitioners state that

they have been served with Ext.P7 notice by the 1st respondent alleging that

they have committed encroachment into the Government puramboke and in the

possession of the PWD. The petitioners approached the respondents and they

are alleged to have stated that portions of the PWD property have been

encroached upon by the petitioners and they were asked to surrender the said

portion. It is contended that in the said circumstances, the petitioners

submitted Ext.P8 application before the Survey Director. On receipt of the

application, Ext.P9 notice is stated to have been issued to the petitioners

purportedly under Form 12. The 1st petitioner contends that immediately

thereafter he has been served with Ext.P10 issued by the 3rd respondent

calling upon them to approach the revenue authorities and get their property

measured out. It is in the afore circumstances that the petitioners are before

this Court seeking to quash Ext.P7 and P10 proceedings issued by the 3rd

respondent and for a further direction to the 4th respondent to measure out

the property and until then, to keep proceedings pursuant to Ext.P7 and P10

pending.

2. Sri. Alias M. Cherian, the learned counsel appearing for the

petitioners submitted that to clear the disputes surrounding the extent of

property, the same has to be measured out by the concerned authority.

3. Sri. Sayed M. Thangal, the learned Government Pleader, submitted

that it is for the petitioners to file an application under Form 10 of the Survey

and Boundaries Rules before the Tahsildar (LR), Adoor, if the petitioners

require the revenue authorities to point out the boundaries of the registered

land already demarcated and surveyed.

4. The Tahsildar (LR), Adoor is suo motu impleaded as additional 6th

respondent. The Registry shall make necessary corrections to the cause title.

The learned Government Pleader shall take notice.

5. Having regard to the facts and circumstances and the submissions

made across the Bar, this writ petition is disposed of directing the petitioners to

submit an application in Form 10 of the Survey and Boundaries Rules, before

the additional 6th respondent within a period of ten days from today. If such

an application is filed, the additional 6th respondent shall initiate appropriate

proceedings and finalize the same, in strict adherence to the provisions of law,

with notice to the petitioners as well as the affected parties and respondents 2

and 3, expeditiously, at any rate, within a period of one month from the date of

production of a copy of this judgment. Until the proceedings are finalized,

respondents 2 and 3 are directed to keep in abeyance proceedings pursuant to

Ext.P7.

The petitioners shall produce a copy of the writ petition along with this

judgment before the additional 6th respondent to ensure compliance.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE NS

APPENDIX OF WP(C) 15328/2021

PETITIONERS' EXHIBITS

Exhibit P1 TRUE COPY OF SALE DEED NO.2847/2004 DATED 15/11/2004 IN FAVOUR OF THE PETITIONERS.

Exhibit P2 TRUE COPY OF TAX RECEIPT NO.

KL03011404762/2020 DATED 28/07/2020 ISSUED FROM PANDALAM-THEKKEKARA VILLAGE OFFICE.

Exhibit P3 TRUE COPY OF POSSESSION CERTIFICATE NO.48230301 DATED 29/07/2020 ISSUED BY PANDALAM-THEKKEKARA VILLAGE OFFICER.

Exhibit P4 TRUE COPY OF PHOTOGRAPHS OF PETITIONER'S PROPERTY AND THE HOUSE.

Exhibit P5 TRUE COPY OF APPLICATION NO. SRA/05/19 DATED 23/12/2019 SUBMITTED BY RESIDENTS ASSOCIATION.

Exhibit P6 TRUE COPY OF REPLY LETTER BEARING NO. A3-

5252/2019/PTA DATED 25/01/2020 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT.

Exhibit P7 TRUE COPY OF NOTICE NO. AB2-614/2013 DATED 16/03/2020 ISSUED BY 3RD RESPONDENT.

Exhibit P8 TRUE COPY OF APPLICATION DATED NIL FILED BY THE 1ST PETITIONER BEFORE THE SURVEY DIRECTOR, PATHANAMTHITTA.

Exhibit P9          TRUE COPY OF NOTICE NO. P.B. NO. 1-
                    9497/2020 DATED 13/10/2020 ISSUED BY THE
                    4TH RESPONDENT.

Exhibit P10         TRUE COPY OF LETTER NO. A3-723/2020 DATED
                    17/11/2020 ALONG WITH A SKETCH OF THE ROAD
                    ALIGNMENT ISSUED BY THE 3RD RESPONDENT.

Exhibit P11         TRUE COPY OF LETTER NO. DCPTA/1689/2021-
                    PGRII DATED 16/07/2021 ISSUED BY THE 1ST
                    RESPONDENT.