Prasannan K.B vs Thahsildar
2021 Latest Caselaw 13959 Ker

WP(C) NO. 13381 OF 2021        1

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
     TUESDAY, THE 6TH DAY OF JULY 2021 / 15TH ASHADHA, 1943
                      WP(C) NO. 13381 OF 2021
PETITIONER:

          PRASANNAN K.B
          KALATHIL VEETTIL, VANIYAKKAD BHAGOM, KOTTUVALLI,
          PARAVUR, ERNAKULAM.

          BY ADVS.
          JOMY GEORGE
          R.PADMARAJ
          DEEPAK MOHAN
          CHITRA N. DAS
          RISHAB S.
          R.AJITH KUMAR [V.K.EDOM]
          GEORGE J MOOLAMKUNNAM



RESPONDENTS:

    1     THE THAHSILDAR,
          TALUK OFFICE, PARAVUR, ERNAKULAM-683 513.

    2     THE TALUK SURVEYOR,
          TALUK OFFICE, PARAVUR, ERNAKULAM-683 513.

    3     LALITHAMANI
          PADIVETTATH HOUSE, KIZHAKKEPRAM, VANIYAKKAD,
          KOTTUVALLI, PARAVUR, ERNAKULAM DISTRICT-683 519.

    4     SHIBU
          PADIVETTATH HOUSE, KIZHAKKEPRAM, VANIYAKKAD,
          KOTTUVALLI, PARAVUR, ERNAKULAM DISTRICT-683 519.

          SMT AMMINIKUTTY, SR GOVERNMENT PLEADER




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13381 OF 2021              2

                                  JUDGMENT

The petitioner states that he is the absolute owner in title and possession

of property having an extent of 10 cents comprised in Sy.No.112/7A of

Kottuvally Village, which was obtained by him on the strength of Ext.P1

settlement deed. The party respondents are near relatives and they are

residing on the western side of the property of the petitioner. He contends

that since there are disputes between the parties with regard to the western

boundary, he approached the revenue authorities and submitted an application

to measure out the properties. However, due to obstructions caused by the

party respondents, the measurements could not be carried out. He contends

that later Ext.P2 application was submitted by the petitioner before the

Tahsildar (LR), Paravur under the relevant provisions of the Survey and

Boundaries Rules. His grievance is that the party respondents are not

expediting the survey proceedings, though a report has already been submitted

by the Village Officer. In the said circumstances, he submitted Ext.P3

representation before the 1st respondent. The prayer in this petition is for the

issuance of directions to the respondents to finalize the proceedings initiated

on the basis of Ext.P2 within a time frame.

2. On instructions, the learned Government Pleader submitted that

Ext.P2 application filed by the petitioner is not in proper form. It is submitted

that if the petitioner files an application in Form 8/Form 10 of the Survey and

Boundaries Rules, as the case may be, necessary action can be taken in

accordance with law and with notice to all affected parties.

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

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

submit an application in Form 8/Form 10 of the Survey and Boundaries Rules,

as the case may be, before the 1st respondent within ten days from today. If

such an application is filed, the respondent shall take up the same and 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 three

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 1st respondent to ensure compliance.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE sru

APPENDIX OF WP(C) 13381/2021

PETITIONER'S EXHIBITS:

Exhibit P1          TRUE COPY OF THE SETTLEMENT DEED
                    NO.1003/2006 DATED 8.2.2006 OF SRO,
                    PARAVUR.

Exhibit P2          TRUE COPY OF THE REPRESENTATION DATED
                    19.4.2021 SUBMITTED BY THE PETITIONER
                    BEFORE THE IST RESPONDENT.

Exhibit P3          TRUE COPY OF THE REPRESENTATION DATED
                    23.6.2021 SUBMITTED BY THE PETITIONER
                    BEFORE THE IST RESPONDENT.

Exhibit P4          TRUE COPY OF THE RECEIPT DATED 24.6.2021
                    ISSUED BY THE IST RESPONDENT REGARDING THE
                    ACCEPTANCE OF EXHIBIT P-3 REPRESENTATION.

RESPONDENTS' EXHIBITS:

                    NIL