Johny Varghese vs The District Collector
2021 Latest Caselaw 16680 Ker

WP(C) NO. 16317 OF 2021        1



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
                    WP(C) NO. 16317 OF 2021


PETITIONER/S:

          JOHNY VARGHESE
          AGED 53 YEARS
          S/O VARGHESE,
          MUKKAM HOUSE,
          CHUNGAM WARD,
          ALAPPUZHA-688009.

          BY ADVS.
          PHILIP T.VARGHESE
          THOMAS T. VARGHESE
          ACHU SUBHA ABRAHAM
          V.T.LITHA
          K.R.MONISHA
          SHRUTHI SARA JACOB
          ALEX THOMAS



RESPONDENT/S:

    1     THE DISTRICT COLLECTOR,
          COLLECTORATE,
          CIVIL STATION WARD,
          ALAPPUZHA, KERALA-688001.

    2     THE TAHSILDAR
          LAND RECORDS, AMBALAPPUZHA, ALAPPUZHA-688013.

    3     THE VILLAGE OFFICER
          ARYAD SOUTH VILLAGE, ALAPPUZHA-688006.

    4     THE TALUK SURVEYOR
          TALUK OFFICE, AMBALAPPUZHA, ALAPPUZHA-688013.
 WP(C) NO. 16317 OF 2021          2

     5       THE CIRCLE INSPECTOR OF POLICE
             ALAPPUZHA NORTH POLICE STATION, ALAPPUZHA-688001.



             SMT. K. AMMINIKUTTY, SR. GP




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   11.08.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 16317 OF 2021                  3

                                      JUDGMENT

This writ petition is filed seeking the following relief:-

i. Issue a writ of mandamus or any other appropriate writ or direction to the respondents to complete the survey proceedings pursuant to Exhibit P5 notice and fix the boundaries of petitioner's property covered by Exhibit P1 sale deed and P2 tax receipt within a stipulated time.

2. The learned counsel appearing for the petitioner submits that

pursuant to Ext.P3 judgment passed by this Court on 2.2.2017, the survey and

demarcation proceedings had commenced as is evident from Ext.P5. He

contends that the proceedings have not been finalized till date. The solitary

prayer is for a direction to the respondents to complete the proceedings within

a time frame.

3. The learned Government Pleader submits that if the proceedings

have not been finalized, as contended by the petitioner, there is no

impediment in issuing directions.

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

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

among respondents to finalize the proceedings pursuant to Ext.P5, strictly in

accordance with the law, with notice to the petitioner and affected parties, if

any. The entire exercise shall be completed 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 concerned respondents for further action.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE sru

APPENDIX OF WP(C) 16317/2021

PETITIONER(S) EXHIBITS :

EXHIBIT P1 TRUE COPY OF SALE DEED NO.3158/2013 OF SRO, ALAPPUZHA DATED 17/08/2013.

EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT BEARING NO.KL04010305393/2021 OF ARYANADU SOUTH VILLAGE DATED 05.05.2021.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN WPC NO.3528/2017 DATED 02.02.2017.

EXHIBIT P4 TRUE COPY OF THE ORDER NO.7563/16 PASSED BY THE 2ND RESPONDENT DATED 09.06.2017.

EXHIBIT P5 TRUE COPY OF NOTICE BEARING NO.N3.914/16 ISSUED TO THE 4TH RESPONDENT DATED 08.02.2017.

EXHIBIT P6 TRUE COPY OF THE NOTICE NO.N39114/16 ISSUED BY THE 2ND RESPONDENT TO THE 5TH RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT DATED 02.07.2021.

RESPONDENT(S) EXHIBITS : NIL