Pattuvam Grama Seva Sangham vs State Of Kerala
2021 Latest Caselaw 15514 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   FRIDAY, THE 23RD DAY OF JULY 2021 / 1ST SRAVANA, 1943
                     WP(C) NO. 30205 OF 2010
PETITIONER:

            PATTUVAM GRAMA SEVA SANGHAM
            REPRESENTED BY ITS PRESIDENT,V.CHANDRAN,,
            PATTUVAM, THALIPARAMBA, KANNUR.
            BY ADVS.
            SRI.SUNIL NAIR PALAKKAT
            SRI.K.N.ABHILASH
            SMT.R.LEELA

RESPONDENTS:

    1       STATE OF KERALA
            KANNUR DISTRICT,KANNUR-PIN-670 001.
    2       SURVEY SUPERINTENDENT
            RESURVEY OFFICE,THALIPARAMBA, KANNUR-PIN-670 142.
OTHER PRESENT:

            SMT.SHEEJA.C.S., GP


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME   UP    FOR
ADMISSION     ON   23.07.2021,    THE     COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.30205/2010

                                      2




                      P.V.KUNHIKRISHNAN, J.
                        -------------------------------
                      W.P.(C).No.30205 of 2010
                ----------------------------------------------
                Dated this the 23rd day of July, 2021


                               JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of mandamus or other appropriate writ, order or direction commanding the 2 nd respondent to implement Ext.P4 as per Section 10 of Kerala Survey and Boundaries Act forthwith.

ii. Issue appropriate writ, order or direction as this Honorable Court may deem fit and proper from time to time for this petitioner to attain the ends of justice.

2. When this writ petition came up for consideration

on 24.08.2011, this Court passed the following order:

"Petitioner submits they had 3.85 acres of land in RS.No.406/7 and 407/5 of Pattuvam Amsom. Out of these properties, they have assigned 3 acres of land for the purpose of construction of a Government School. Re survey was conducted and the property W.P.(C).No.30205/2010

is now shown to be in the joint possession of the Patuvam Government High School and the petitioner. Petitioner applied for sub division of the property which was not done mainly on the ground that the boundary of the property could not be shown and it is on that basis Exhibit P4 communication was issued by the 2nd respondent.

2. Prima facie, on surrender of the 3 acres of land petitioner is entitled to have the balance 85 cents in its possession. Even if boundaries are not shown as stated in Exhibit P4, since surrender of the property was pursuant to Exhibit P1 assignment deed, the property surrendered to school could have been identified with reference to the schedule to the document. In such circumstances property could have been surveyed and the remaining properties also could have been identified.

3. In that view, I direct that on the production of a copy of this order 2 nd respondent shall conduct survey and demarcate of 3 acre of the property surrendered by petitioner as per Exhibit P1 with reference to the schedule to the said document.

This shall be done with notice to the school authorities also. On such survey the 2 nd respondent will prepare a sketch and produce the same before this court. This the 2nd respondent shall do as expeditiously as possible, at any rate, within 6 weeks from the date of production of a copy of this order. The petitioner shall produce a copy this order W.P.(C).No.30205/2010

along with copy of the writ petition for compliance before the 2nd respondent."

3. As directed by this Court, the officer concerned

measured the property and a memo is filed by the Government

Pleader producing compliance of the order with sketch.

Annexure R2 is the sketch. If the petitioner is aggrieved by

Annexure R2, he is free to challenge the same.

4. In the light of the interim order and the

consequential Annexure R2 sketch, I think nothing survives in

the writ petition.

Therefore, this writ petition is disposed of, with liberty to

the petitioner to challenge Annexure R2 sketch, if he is

aggrieved.

Sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.30205/2010

APPENDIX OF WP(C) 30205/2010

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE GIFT DEED NO.3158/1981 DATED 18.06.1981 OF SRO THALIPARAMBA EXHIBIT P2 TRUE COPY OF REPRESENTATION DATED 06.01.2010 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P3 TRUE COPY OF THE ORDER DATED 9.4.2010 IN WPC 12744/2010 BEFORE THIS HONOURABLE COURT EXHIBIT P4 TRUE COPY OF THE ORDER DATED 30.06.2010 OF HTE 2ND RESPONDENT

RESPONDENTS EXHIBITS

ANNEXURE R2 A TRUE COPY OF THE SKETCH