Thomas E.O vs The Tahsildar/Addl.Tahsildar
2021 Latest Caselaw 16460 Ker

WP(C) NO. 15024 OF 2021             1

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
           THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
     THURSDAY, THE 5TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943
                       WP(C) NO. 15024 OF 2021
PETITIONER/S:

              THOMAS E.O,
              AGED 76 YEARS,
              S/O. OUSEPH, ELANJHIKKAL HOUSE, MISSION QUARTERS,
              SKY LINE VILLA NO.I, BEHIND SBI HEAD OFFICE,
              THRISSUR-680 001

              BY ADV SHOBY K.FRANCIS



RESPONDENT/S:

       1      THE TAHSILDAR/ADDL.TAHSILDAR
              TALUK OFFICE, THRISSUR TALUK, MINI CIVIL STATION,
              CHEMBOOKKAVU P.O., THRISSUR-680 021.

       2      TALUK HEAD SURVEYOR,
              OFFICE OF THE TAHSILDAR, THRISSUR TALUK, MINI CIVIL
              STATION, CHEMBOOKKAVU P.O., THRISSUR-680 021.

       3      VILLAGE OFFICER,
              OLLUR VILLAGE, OLLUR P.O., THRISSUR DT-680 306.

       4      DISTRICT COLLECTOR,
              COLLECTORATE, THRISSUR DT-680 003.




              SRI SAYED M THANGAL, GP


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    05.08.2021,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 15024 OF 2021              2




                           JUDGMENT

Being aggrieved by the refusal of the 1st respondent, in promptly

considering the application filed by the petitioner under Form 8 of the

Survey and Boundaries Rules, 1964, to carry out demarcation and survey of

registered holding, in respect of which the petitioner claims absolute title,

he has approached this Court seeking directions.

2. I have heard Sri. Shoby K. Francis, the learned counsel appearing

for the petitioner, who relies on Exts.P1 to P4 documents to substantiate

that the petitioner herein is entitled to file such an application to seek for

demarcation and survey of his registered holdings.

3. Heard the learned government pleader and have considered the

submissions advanced.

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

made across the Bar, this writ petition is disposed of directing the 1st

respondent to finalize the proceedings in Ext.P6 application pending before

the said authority, strictly in adherence to law, with notice to the petitioner

as well as the affected parties, expeditiously, in any event, within a period

of two months from the date of production of a copy of this judgment.

5. The petitioner shall produce a copy of the writ petition along with

this judgment before the 1st respondent for further action.

Sd/-

RAJA VIJAYARAGHAVAN V,

JUDGE NS

APPENDIX OF WP(C) 15024/2021

PETITIONER(S) EXHIBITS

Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 25.03.2004.

Exhibit P2 TRUE COPY OF POSSESSION CERTIFICATE DATED 24.03.2004 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

Exhibit P3 TRUE COPY OF THE CERTIFICATE DATED 24.03.2004 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

Exhibit P4 TRUE COPY OF THE BASIC TAX RECEIPT DATED 19.03.2021 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

Exhibit P5 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER UNDER RULE 27 OF THE KERALA SURVEY AND BOUNDARIES RULES, 1964 IN FORM NO. 8 DATED 20.03.2021 AS PER NO.TSA/13734/2021 TO THE 1ST RESPONDENT.

RESPONDENT(S) EXHIBITS : NIL