Vijayakumar vs Tahsildar (Land Records)
2021 Latest Caselaw 14940 Ker

WP(C) NO. 14099 OF 2021           1

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
     THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943
                      WP(C) NO. 14099 OF 2021
PETITIONER/S:

             VIJAYAKUMAR, AGED 70 YEARS,
             S/O.BALAKRISHNAN, RESIDING AT REVATHY,
             VELLAIKADAVU, PULIYARAKONAM P.O., VILAPPIL VILLAGE,
             KATTAKADA TALUK, THIRUVANANTHAPURAM, PIN- 695 573.

             BY ADVS.
             THIRUMALA P.K.MANI
             ROHIT BOBBAN



RESPONDENT/S:

      1      TAHSILDAR (LAND RECORDS),
             KATTAKKADA TALUK, MINI CIVIL STATION RD.,
             KULATHUMMAL, THIRUVANANTHAPURAM, KERALA - 695 572.

      2      TALUK SURVEYOR,
             KATTAKKADA TALUK, MINI CIVIL STATION RD.,
             KULATHUMMAL, THIRUVANANTHAPURAM , KERALA - 695 572.

      3      VILLAGE OFFICER,
             VILAPPIL VILLAGE, VILAPPIL VILLAGE OFFICE, PEYAD,
             THIRUVANANTHAPURAM - 695 573.

      4      SREEKALA,
             PURUSHOTHAMA MANDIRAM, PARAMBUMUKKU, PULIYARAKONAM
             P.O., THIRUVANANTHAPURAM- 695 573.




             SMT K AMMINIKUTTY, SR GP




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   15.07.2021,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 14099 OF 2021               2

                                  JUDGMENT

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

enjoyment of property admeasuring 47 cents comprised in Re-Sy Nos.30/4-2,

30/4-1, 30/5 in Block No.1 (Old Sy.No.322/5B) of Vilappil Village, Kattakkada

Taluk which was acquired by him on the strength of Ext.P1 sale deed. He

contends that taking advantage of the fact that the above property is not

having a specific boundary wall, the 4th respondent is making attempts to

trespass upon the property. He approached the revenue authorities and

submitted Ext.P3 application under Form 10 of the Survey and Boundaries

Rules for pointing out the boundaries of registered land already demarcated

and surveyed. Ext.P4 report has already been submitted by the Village

Officer. However, his grievance is that the proceedings have been delayed.

It is in the afore circumstances that the petitioner is before this Court seeking

directions to the respondents to finalize Ext.P3.

2. Heard the learned Government Pleader and I have considered

the submissions advanced.

3. Having regard to the facts and circumstances and the

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

the 1st respondent to finalize the proceedings initiated on the basis of

Ext.P3, with notice to the petitioner and affected parties, if any,

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.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE IAP

APPENDIX OF WP(C) 14099/2021

PETITIONER(S) EXHIBITS :

Exhibit P1 TRUE PHOTOCOPY OF THE SALE DEED NO.2012/1986 DATED 14/08/1986 REGISTERED IN THE OFFICE OF THE SUB REGISTRAR MALAYINKEEZHU.

Exhibit P2 TRUE PHOTOCOPY OF THE JOINT LAND TAX RECEIPT DATED 16/06/2021 FOR THE PERIOD 2021-2022 REMITTED BY THE PETITIONER TO THE PROPERTY COVERED BY EXT.P1.

Exhibit P3 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 22/06/2021 ALONG WITH THE PRESCRIBED APPLICATION TO SURVEY THE PROPERTY UNDER EXT.P1 AND EXT.P2 SUBMITTED BEFORE THE 3RD RESPONDENT.

Exhibit P4 TRUE PHOTOCOPY OF THE REPORT SUBMITTED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT ON THE BASIS OF EXT.P3 DT. 25/6/21.

RESPONDENT(S) EXHIBITS : NIL