Mathai Mathen Mudaplayil vs State Of Kerala
2021 Latest Caselaw 16497 Ker

WP(C) NO. 15768 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. 15768 OF 2021

PETITIONER/S:

             MATHAI MATHEN MUDAPLAYIL,
             AGED 71 YEARS,
             S/O. LATE MATHEN, MUDAPLAYIL, KEEZHVAIPUR P.O.,
             MALLAPPALLY VILLAGE, MALLAPPALLY TALUK, PATHANAMTHITTA
             DISTRICT-689587.

             BY ADVS.
             SUSANTH SHAJI
             VARGHESE C.KURIAKOSE


RESPONDENT/S:

     1       STATE OF KERALA,
             REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE,
             SECRETARIAT, THIRUVANANTHAPURAM-695001.

     2       THE TAHSILDAR,
             TALUK OFFICE, MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT-
             689585.

     3       THE TALUK SURVEYOR,
             TALUK OFFICE, MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT-
             689585.

    *4       ADDL.R4

             THE TAHSILDAR (LR),
             TALUK OFFICE, MALLAPPALLY TALUK.

             ADDITIONAL R4 IS SUO MOTU IMPLEADED AS PER JUDGMENT DATED
             05.08.2021.

             SRI SAYED N 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. 15768 OF 2021              2




                           JUDGMENT

Being aggrieved by the refusal of the 2nd and 3rd respondents, in

promptly considering Ext.P3 application filed by the petitioner under Form

10 of the Survey and Boundaries Rules, 1964, to measure out the property,

in respect of which he claims absolute title, the petitioner has approached

this Court seeking directions.

2. I have heard Sri.Sushanth Shaji, the learned counsel appearing for

the petitioner, who would refer to Ext.P1 and P2 to substantiate that the

petitioner herein is entitled to file such an application for pointing out the

boundaries of his registered land, which had already been surveyed and

demarcated.

3. The learned government pleader, on instructions, points out that

though the application is in proper form, it has not been filed before the

appropriate authority, who is the Tahsildar (LR), Taluk Office, Mallappally

Taluk. Now that the application is before the 2nd respondent, the same can

be forwarded to the Tahsildar (LR), who shall finalize the proceedings.

4. The Tahsildar (LR), Taluk Office, Mallappally Taluk is suo motu

impleaded as additional 4th respondent. The registry is directed to make

necessary corrections in 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 2nd

respondent to forward Ext.P3 application to the additional respondent within

a period of ten days from the date of receipt of a copy of this judgment.

The additional 4th respondent shall finalize the same, 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.

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

this judgment before the concerned respondents for further action.

SD/-

RAJA VIJAYARAGHAVAN V,

JUDGE DSV/5.8.21

APPENDIX OF WP(C) 15768/2021

PETITIONER(S) EXHIBITS :

Exhibit P1 TRUE PHOTOSTAT COPY OF THE PARTITION DEED DATED 24/06/1986 HAVING DOCUMENT NO.

1289/1986 OF SRO, MALLAPPALLY.

Exhibit P2 TRUE PHOTOSTAT COPY OF THE BASIC TAX RECEIPT DATED 20/07/2021 FOR THE PERIOD 2021-22 ISSUED BY VILLAGE OFFICER, MALLAPPALLY VILLAGE.

Exhibit P3 TRUE PHOTOSTAT COPY OF THE APPLICATION DATED 23/07/2021 PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT UNDER RULE 43 OF THE KERALA SURVEY AND BOUNDARIES RULES, 1964.

Exhibit P4 TRUE PHOTOSTAT COPY OF THE APPLICATION DATED 23/07/2021 PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT UNDER RULE 27 OF THE KERALA SURVEY AND BOUNDARIES RULES, 1964.

Exhibit P5 COPY OF THE POSTAL TRACK RECEIPT DOWNLOADED FROM THE INDIA POST WEBSITE FOR THE CONSIGNMENT NO.R1-6448039091N.

Exhibit P6 COPY OF THE POSTAL TRACK RECEIPT DOWNLOADED FROM THE INDIA POST WEBSITE FOR THE CONSIGNMENT NO.RL6448037751N.

RESPONDENT(S) EXHIBITS: NIL