Santhosh Kumar V.G vs The District Collector
2021 Latest Caselaw 521 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

    THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942

                       WP(C).No.7427 OF 2020(C)


PETITIONER:

               SANTHOSH KUMAR V.G.,
               AGED 45 YEARS
               S/O.VENUGOPAL, SECRETARY,
               SREE SARAVANABHAVA TEMPLE, ERAVIPURAM,
               KOLLAM - 691 011.

               BY ADV. SRI.S.VIDYASAGAR

RESPONDENTS:

      1        THE DISTRICT COLLECTOR,
               COLLECTORATE, KOLLAM, PIN - 691 013.

      2        THE SURVEY SUPERINTENDENT,
               OFFICE OF THE SURVEY SUPERINTENDENT, COLLECTORATE
               (CIVIL STATION), KOLLAM, PIN - 691 013.

      3        THE THAHSILDAR, LAND REVENUE RECORDS,
               TALUK OFFICE, KOLLAM, PIN - 691 013.

      4        THE VILLAGE OFFICER,
               MUNDAKKAL, KOLLAM, PIN - 691 010.

      5        SURESH BABU,
               S/O.DIVAKARAN, RESIDING AT KATTIL VEEDU, ERAVIPURAM
               P.O., KOLLAM, PIN - 691 011.

      6        ARAVINDAKSHAN,
               S/O.THANKAPPAN, RESIDING AT KATTIL VEEDU, ERAVIPURAM
               P.O., KOLLAM -691 011.

      7        BAHULEYAN,
               S/O.THANKAPPAN, RESIDING AT KATTIL VEEDU, ERAVIPURAM
               P.O., KOLLAM, PIN - 691 011.

      8        AKHILESH,
               S/O.ASOKAN, RESIDING AT KATTIL VEEDU, ERAVIPURAM
               P.O., KOLLAM, PIN - 691 011.

      9        THE ASSISTANT ENGINEER,
               KOLLAM CORPORATION, CORPORATION OFFICE, KOLLAM.
 WP(C).No.7427 OF 2020(C)

                               2


      10     THE TALUK SURVEYOR,
             TALUK OFFICE, KOLLAM, PIN - 691 011.

             R5-6 BY ADV. SRI.B.SURESH KUMAR
             R9 BY SRI.M.K.CHANDRA MOHAN DAS,SC,KOLLAM MPT


             K J MANURAJ GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.7427 OF 2020(C)

                                     3




                              JUDGMENT

Dated this the 7th day of January 2021

The petitioner approached this Court challenging Ext.P1

order issued by the Assistant Engineer, Kollam Corporation

directing the petitioner to remove the soil dumped on the way.

Apart from that, the petitioner also seeks a direction against the

District Collector to consider the application submitted under

Section 13 A of the Kerala Survey and Boundaries Act, 1961.

2. The petitioner appears to be the office bearer of

Saravanabhava Temple, Eravipuram, Kollam. The temple

authority appears to have moved the Corporation for

consideration of the application for building permit in Re-survey

Nos.478/10-5, 478/10-6, 478/8, 478/7 and 478/11 of Mundakkal

Village. It was forwarded for NOC to the District Collector and

the District Town Planning Officer. The District Town Planner

rejected sanction. The present dispute is mainly in relation to the

alleged way shown in the re-survey records. The re-survey was

completed in the year 1996 and the property in survey No.478/9 WP(C).No.7427 OF 2020(C)

and 478/8 of Mundakkal Village is shown as a revenue land.

According to Kollam Corporation, that is vested with the

Corporation.

3. The Tahsildar (LR) also initiated proceedings for

demarcation by Ext.P5. The petitioner also challenges that

proceedings. This writ petition relates to three issues. One is

related to the application submitted by the petitioner under

Section 13A of the Kerala Survey and Boundaries Act, 1961.

Other is encroachment over the public land including the way.

Third is exercise being carried out by the Taluk Surveyor for

demarcation of the property under the Kerala Survey and

Boundaries Act, 1961.

4. The soil dumped over the way appears to have been

removed pursuant to the interim direction of this Court. The re-

survey was completed in the year 1996. The petitioner's case is

that there exists anomalies in survey records. The party

respondents in this matter contended that the temple authorities

have encroached upon the public land and deprived the way being WP(C).No.7427 OF 2020(C)

used by the party respondents as well.

Taking note of the totality of the facts and circumstances,

this Court is of the view that the writ petition can disposed of

with the following directions:-

i) The District Collector shall take up the application

submitted by the petitioner under Section 13A produced as Ext.P2

within a period of three months.

ii) The Taluk Surveyor shall proceed with Ext.P5 survey

and submit its report before the District Collector to take a

decision as above within a period of six weeks.

iii) On Completion of the exercise as above, the District

Collector and the Revenue Authority are of the view that if the

temple authority had encroached upon the public land, they shall

proceed to remove the encroachment, strictly following the

procedure under the Kerala Land Conservancy Act, 1957 or any

other law as applicable.

iv) The parties shall maintain status quo till exercise as

above is completed. The temple authority or the petitioner shall WP(C).No.7427 OF 2020(C)

not cause obstruction over the alleged pathway identified as per

the re-survey records and reflected in Ext.R5A.

The writ petition is disposed of as above.

Sd/-

                                        A.MUHAMED MUSTAQUE
SAS/07/01/2021                                    JUDGE
 WP(C).No.7427 OF 2020(C)




                           APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1           THE TRUE COPY OF THE LETTER DATED

14/1/2020, ISSUED BY THE 9TH RESPONDENT ASST. ENGINEER KOLLAM CORPORATION.

EXHIBIT P2 THE TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER DATED 17/1/2020 BEFORE THE DISTRICT COLLECTOR, KOLLAM UNDER SECTION 13A OF SURVEY AND BOUNDARIES ACT, FOR RE- DETERMINING THE RESURVEY MEASUREMENT.

EXHIBIT P3 THE TRUE COPY OF THE LETTER DATED 20/1/2020 TO ISSUE THE ORDER DATED 13/11/2019 IN LRM/14158/KN OF THAHASILDAR (LAND REVENUE RECORDS) KOLLAM.

EXHIBIT P4 THE TRUE COPY OF THE APPEAL PREFERRED BEFORE THE APPELLATE AUTHORITY, KOLLAM CORPORATION UNDER THE RIGHT TO INFORMATION ACT FOR A COPY OF THE IMPUGNED ORDER DATED 13/11/2019 IN LRM 5/14158/KN OF 3RD RESPONDENT.

EXHIBIT P5 THE TRUE COPY OF THE NOTICE DATED 3/3/2020 FOR IMPLEMENTING THE EXPARTE ORDER IN LRM5/14158/KN OF 3RD RESPONDENT.

EXHIBIT P6 THE TRUE COPY OF THE LITHO MAP SHOWING THAT THERE IS NOT PATHWAY THROUGH THE TEMPLE PROPERTY CUTTING ACROSS NORTH SOUTH DIRECTION.

EXHIBIT P7 THE TRUE COPY OF THE SURVEY SKETCH SHOWING THAT THERE IS NOT PATHWAY THROUGH THE TEMPLE PROPERTY.