P.N.Muhammed Rafeeq vs State Of Kerala
2021 Latest Caselaw 14128 Ker

WP(C) NO. 11341 OF 2021      1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   WEDNESDAY, THE 7TH DAY OF JULY 2021 / 16TH ASHADHA, 1943
                    WP(C) NO. 11341 OF 2021
PETITIONER/S:

          P.N.MUHAMMED RAFEEQ
          AGED 60 YEARS
          PUTHUPARAMBIL KIZHAKKETHIL HOUSE, MULAKKUZHA P.O.,
          MULAKKUZHA VILLAGE, MULAKKUZHA PANCHAYATH,
          CHENGANNUR TALUK-689 505.

          BY ADVS.
          P.HARIDAS (H-21)-14371
          BIJU HARIHARAN
          P.C.SHIJIN
          RISHIKESH HARIDAS



RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT OF
          KERALA, GOVT SECRETARIAT,THIRUVANANTHAPURAM,
          PIN-695 001.

    2     THE DISTRICT COLLECTOR,
          ALAPPUZHA, COLLECTORATE, ALAPPUZHA,PIN-688 001.

    3     DEPUTY DIRECTOR OF SURVEY,
          DEPARTMENT OF SURVEY, OFFICE OF THE DEPUTY DIRECTOR
          OF SURVEY, COLLECTORATE, ALAPPUZHA,PIN-688 001.

    4     SUPERINTENDING ENGINEER,
          KERALA STATE TRANSPORT PROJECT, OFFICE OF THE
          SUPERINTENDING ENGINEER, KSTP CIRCLE, KOTTARAKKARA,
          GOVINDAMANGALAM ROAD, PULAMON P.O.KOTTARAKKARA,
          PIN-691 531.

    5     THE ASSISTANT EXECUTIVE ENGINEER,
          PAMBA IRRIGATION PROJECT,IRRIGATION DEPARTMENT,
          CHENGANNUR, ALAPPUZHA DISTRICT, PIN-689 121
 WP(C) NO. 11341 OF 2021      2

    6     SPECIAL TAHSILDAR,
          LAND ACQUISITION (GENERAL), ALAPPUZHA,      CIVIL
          STATION, ALAPPUZHA, PIN-688 001.

    7     THE TAHSILDAR,
          LAND RECORDS (ADDITIONAL TAHSILDAR), CHENGANNUR,
          PIN-689 121.

    8     TALUK SURVEYOR,
          TALUK OFFICE, CHENGANNUR, ENGINEERING COLLEGE ROAD,
          NEAR MINI CIVIL STATION, CHENGANNUR, PIN-689 121.

    9     THE VILLAGE OFFICER,
          MULAKKUZHA VILLAGE OFFICE, MULAKUZHA P.O,
          MULAKKUZHA VILLAGE, CHENGANNUR TALUK,
          ALAPPUZHA DISTRICT, PIN-689 505.




          SMT K AMMINIKUTTY, SR GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11341 OF 2021               3

                                  JUDGMENT

The petitioner states that he is in absolute possession and enjoyment of

property having an extent of 3 Ares and 15 sq.m. in old Sy.No.154/8 of

Mulakkuzha Village. The grievance of the petitioner herein is that pursuant to

re-survey proceedings, the extent of the property was considerably reduced.

In the said circumstances, the petitioner is stated to have filed Ext.P5

application under Form 8 of the Survey and Boundaries Rules before the 7th

respondent. The petitioner prays that the 7th respondent be directed to take

up Ext.P5 application and finalise the same taking note of the old survey plan,

settlement register and title deed.

2. Heard the learned counsel appearing for the petitioner and the

learned Government Pleader.

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

made across the Bar, this writ petition is disposed of directing the 7th

respondent to take up Ext.P5 application and finalize the same duly noting the

entries in the old survey plan, settlement registers and title deeds, as the

case may be, with notice to the petitioner as well as the affected parties, if

any. The proceedings shall be finalized as directed above, expeditiously, in

any even,t within a period of three months from the date of production of a

copy of this judgment. Till the proceedings are finalized, coercive action, if

any, to recover the alleged encroachment shall be kept in abeyance.

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

with this judgment before the 7th respondent to ensure compliance.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE sru

APPENDIX OF WP(C) 11341/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SETTLEMENT REGISTER OBTAINED BY THE AGENT OF THE PETITIONER UNDER RIGHT TO INFORMATION ACT DATED 20/01/2021.

EXHIBIT P2 TRUE COPY OF THE OLD SURVEY PLAN OBTAINED BY THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT DATED 03.04.2021.

EXHIBIT P3 TRUE COPY OF THE RE-SURVEY PLAN UNDATED.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE 7TH RESPONDENT DATED 04/05/2021.

EXHIBIT P5 TRUE COPY OF THE FORM NO.8 APPLICATION SUBMITTED BY THE PETITIONER TO THE 7TH RESPONDENT DATED 06/05/2021.

RESPONDENTS EXHIBITS:NIL