Joseph M.J vs State Of Kerala
2021 Latest Caselaw 12783 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
      TUESDAY, THE 8TH DAY OF JUNE 2021 / 18TH JYAISHTA, 1943
                       WP(C) NO. 11149 OF 2021
PETITIONER/S:

           JOSEPH M.J.
           AGED 84 YEARS
           S/O.LATE OUSEPH OUSEPH, VETTIKKAD HOUSE, VIDYA NAGAR,
           MUTHOOR P.O., THIRUVALLA, PATANAMTHITTA DISTRICT, PIN
           - 689 107.

           BY ADVS.
           BABU JOSEPH KURUVATHAZHA
           SRI.M.G.SREEJITH
           SMT.K.S.ARCHANA

RESPONDENT/S:

    1      STATE OF KERALA
           REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT
           OF PUBLIC WORKS, GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM - 695 001.

    2      SUPERINTENDING ENGINEER
           PUBLIC WORKS DEPARTMENT (ROADS AND BRIDGES), SOUTH
           CIRCLE, THIRUVANANTHAPURAM - 695 033.

    3      EXECUTIVE ENGINEER
           PUBLIC WORKS DEPARTMENT (ROADS DIVISION), KOTTAYAM -
           686 001.

    4      ASSISTANT EXECUTIVE ENGINEER
           PUBLIC WORKS DEPARTMENT (ROADS SUB DIVISION,
           MALLAPPALLY, MALLAPPALLY P.O., PATHANAMTHITTA
           DISTRICT, PIN - 689 585.

    5      TAHSILDAR, CHANGANSSERY TALUK
           CHANGANSSERY P.O., KOTTAYAM DISTRICT, PIN - 686 101.

    6      TALUK SURVEYOR
           CHANGANSSERY TALUK, CHANGANSSERY P.O., KOTTAYAM
           DISTRICT, PIN - 686 101.

    7      VILLAGE OFFICER
           PAYIPPAD VILLAGE, PAYIPPAD P.O., CHANGANASSERY VIA.,
 WP(C) NO. 11149 OF 2021
                              -2-


           KOTTAYAM DISTRICT, PIN - 686 101.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11149 OF 2021
                                    -3-


                                  JUDGMENT

Ext.P8 is an application filed under Rule 27 of the Survey and

Boundaries Rules and is pending before the 5 th respondent. The said

application allegedly relates to the petitioner's property situated in

Re.Sy.No.22/3 of Block No.7 of Payyipad village.

2. Since Ext.P8 is an application preferred in accordance with law, this

writ petition can be disposed of directing consideration of Ext.P8 in a time

bound manner. Thus, I hereby direct the 5th respondent to consider and pass

appropriate orders on Ext.P8 application within three months from the date

of receipt of a copy of this judgment. If the 5 th respondent deems it

appropriate to issue notice to respondents 1 to 4, he shall be at liberty to do

so. Further, an opportunity of hearing can also be granted to the petitioner

and the other respondents.

The writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS JUDGE

uu 08.06.2021 WP(C) NO. 11149 OF 2021

APPENDIX OF WP(C) 11149/2021

PETITIONER ANNEXURE

EXHIBIT P1 TRUE COPY OF THE DOCUMENT NO.71/1999 DATED 19/6/2009 OF THE SUB REGISTRY, THENGANA.

EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT DATED 3/2/2021 ISSUED BY THE 7TH RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE TAX RECEIPTS DATED 3/2/2021 ISSUED BY THE 7TH RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 16/1/2020 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 29/1/2020 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE LETTER DATED 30/11/2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE REPLY DATED 29/12/2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE APPLICATION DATED 9/4/2021 SUBMITTED BY THE PETITIONER IN FORM 8, BEFORE THE 5TH RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED 9/4/2021 SUBMITTED ALONG WITH EXT.P8.