Vinoo Shelly vs State Of Kerala
2021 Latest Caselaw 15350 Ker

WP(C) NO. 14584 OF 2021          1



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  THURSDAY, THE 22ND DAY OF JULY 2021 / 31ST ASHADHA, 1943
                    WP(C) NO. 14584 OF 2021
PETITIONER:

           VINOO SHELLY
           S/O.P.C.SHELLY, PUTHEN VEETTIL HOUSE, GOTHURUTHY
           P.O., NORTH PARAVUR, PIN - 683 513.

           BY ADV LAL K.JOSEPH



RESPONDENTS:

    1      STATE OF KERALA
           REPRESENTED BY THE SECRETARY, PUBLIC WORKS
           DEPARTMENT, THIRUVANANTHAPURAM, PIN - 695 121.

    2      THE DISTRICT COLLECTOR
           COLLECTORATE, KAKKANADU P.O., ERNAKULAM,

           PIN - 682 030.

    3      THE EXECUTIVE ENGINEER
           PWD ROADS DIVISION, NEAR NGO QUARTERS,

           KAKKANADU P.O., ERNAKULAM, PIN - 682 030.

    4      THE TAHSILDAR
           NORTH PARAVUR, PARAVUR TALUK OFFICE, NORTH
           PARAVUR, ERNAKULAM, PIN - 683 513.

    5      THE VILLAGE OFFICER
           CHENDAMANGALAM VILLAGE OFFICE, CHENDAMANGALAM,
           NORTH PARAVUR, ERNAKULAM, PIN - 683 512.

    6      AJITH,
           (FATHER'S NAME NOT KNOWN TO THE PETITIONER) AGE
           NOT KNOWN, ASSISTANT EXECUTIVE ENGINEER, PWD ROADS
           DIVISION, PWD OFFICE (ROADS DIVISION), NORTH
           PARAVUR, PIN - 683 513, ADDRESS NOT KNOWN TO THE
 WP(C) NO. 14584 OF 2021           2



             PETITIONER (IN HIS PERSONAL CAPACITY).

     7       SAINUDDIN
             (FATHER'S NAME NOT KNOWN TO THE PETITIONER) AGE
             NOT KNOWN, ASSISTANT ENGINEER, PWD ROADS DIVISION,
             PWD OFFICE (ROADS DIVISION), NORTH PARAVUR, PIN -
             683 513, ADDRESS NOT KNOWN TO THE PETITIONER (IN
             HIS PERSONAL CAPACITY).

     8       TALUK SURVEYOR
             TALUK OFFICE, NORTH PARAVOOR, PIN - 683 513.

     9       ADDL.R9. THE TAHSILDAR (LR)
             PARAVUR TALUK OFFICE,
             NORTH PARAVUR, ERNAKULAM, PIN - 683 513.

             [ADDL.R9 IS SUO MOTU IMPLEADED AS PER JUDGMENT
             DATED 22/7/2021 IN WP(C)14584/2021.]


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   22.07.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 14584 OF 2021               3




                                 JUDGMENT

The petitioner contends that he is the absolute owner in title and

possession of property having an extent of 4.45 Ares of land comprised in

Sy. No.122/3-2 of Chendamangalam Village, Paravur Taluk. The said

property was acquired on the strength of Ext.P1 deed. According to the

petitioner, he had approached this Court earlier challenging the notice

issued under the Land Conservancy Act, 1957 and the Rules framed

thereunder. After an elaborate consideration of the facts and circumstances,

this Court had disposed of the writ petition by Ext.P5 judgment quashing

the notice issued by the Assistant Executive Engineer and liberty was

granted to the respondents to issue a fresh notice under Section 11 of the

LC Act, 1957 and finalize the proceedings within a time frame. It is

contended that after the disposal of the writ petition, the petitioner obtained

copy of the old Survey sketch and a perusal of the same revealed that some

errors have crept into the resurvey which was conducted later. The

grievance of the petitioner is that in view of the directions issued by this

Court, the respondents will refuse to take note of Ext.P6 old survey sketch.

In the said circumstances, the petitioner is stated to have filed Ext.P7

representation before the 4th respondent. The prayer in this writ petition is

to direct the 4th respondent to consider Ext.P7 representation and to issue

necessary directions to the Taluk Surveyor who has been arrayed as the 8th

respondent herein to consider Ext.P6 sketch as well before finalizing the

proceedings as directed by this Court in Ext.P5 common judgment.

2. I have heard Sri. Lal K. Joseph, the learned counsel appearing

for the petitioner and Sri. Mathew George Vadakkel, the learned

Government Pleader.

3. Sri. Lal K.Joseph, the learned counsel appearing for the

petitioner submitted that the petitioner has been called to appear before the

concerned respondent on 26.7.2021 and he would be satisfied if necessary

directions are issued to take note of Ext.P6 before finalizing the

proceedings.

4. The learned Government Pleader submitted that though Ext.P7

was submitted before the Tahsildar (LR), the said authority has not been

arrayed as a party to the proceeding.

5. The Tahsildar (LR) is suo moto impleaded as additional 9th

respondent. The Registry is directed to carry out necessary corrections to

the cause title.

6. Having regard to the facts and circumstances and the

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

the additional 9th respondent to consider Ext.P7 representation and issue

necessary directions to the 8th respondent to take note of Ext.P6 old survey

sketch as well if the proceedings pursuant to Ext.P5 has not been finalized

till date.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE NS

APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.841/1/2013 OF S.R.O PARAVUR DATED 12.04.2013

EXHIBIT P2 TRUE COPY OF THE POSSESSION CERTIFICATE NO.429/2020 DATED 25.02.2020 IN RESPECT OF 4.45 ARES OF PROPERTY ISSUED BY THE 5TH RESPONDENT

EXHIBIT P3 TRUE COPY OF THE TAX RECEIPT DATED 10.4.2019

EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 20/2/2020

EXHIBIT P4(a) TRUE COPY OF THE REPLY DATED 3/3/2020 TO EXT.P4

EXHIBIT P5 TRUE COPY OF THE COMMON JUDGMENT IN W.P.(C) 6941/20, W.P.(C) 12202/20, W.P.(C) 12175/20, W.P.(C) 12149/20 & W.P.(C) 15590 OF 2020 DATED 26-11-2020

EXHIBIT P6 TRUE COPY OF THE OLD SURVEY SKETCH OBTAINED FROM THE 4TH RESPONDENT BY AN RTI APPLICATION

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 16/7/21 FILED BEFORE 4TH RESPONDENT

EXHIBIT P7(a) TRUE COPY OF THE RECEIPT DATED 16/7/21 OF EXT.P7 REPRESENTATION FROM 4TH RESPONDENT.

RESPONDENTS' EXHIBITS: NIL