Balaji Alias Subbiah vs The District Collector
2021 Latest Caselaw 13274 Ker

WP(C) NO. 12004 OF 2021         1

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
    THURSDAY, THE 24TH DAY OF JUNE 2021 / 3RD ASHADHA, 1943
                      WP(C) NO. 12004 OF 2021
PETITIONER:

          BALAJI ALIAS SUBBIAH
          AGED 65 YEARS
          S/O PALAVESAMUTHU,1ST DIVISION,SILENVALLEY
          ESTATE,KHD VILLAGE,MUNNAR,IDUKKI DISTRICT,
          PIN-685612.
          BY ADVS.
          K.V.JAYADEEP MENON
          T.P.RAMESH (THENGUMPILLIL)
          P.KRISHNAPRIYA


RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          IDUKKI DISTRICT,COLLECTORATE,IDUKKI,
          PIN-680003.

    2     THE TAHSILDAR(LR),
          DEVIKULAM TALUK,IDUKKI DISTRICT,
          PIN-685613.

    3     THE TAHSILDAR(LA),
          DEVIKULAM TALUK,IDUKKI DISTRICT,
          PIN-685613.

    4     THE VILLAGE OFFICER
          KOTTAKAMBUR VILLAGE,DEVIKULAM TALUK,
          IDUKKI DISTRICT,PIN-685561.

    5     THE SETTTLEMENT OFFICER,
          KURINJIMALA SANCTUARY REVENUE
          COMMISSIONERATE,REVENUE COMPLEX,
          MUSEUM JUNCTION,THIRUVANANTHAPURAM DISTRICT,
          PIN-695033.
          SMT.A.C.VIDYA, GOVERNMENT PLEADER


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12004 OF 2021               2

                                  JUDGMENT

The Petitioner states that he is the absolute owner in title and

possession of property having an extent of 1.4043 Ha. falling in old Survey

No.66/1 of the Kottakambur Village, wherein he is conducting agricultural

operations. The said property was obtained by the petitioner on the strength

of Exhibit P1 patta purchase certificate. The petitioner states that when he

approached the 4th respondent seeking permission to remit tax and clear the

outstandings, he was told that to accede to his request, the property in his

possession needs to be demarcated and its boundaries fixed. In the said

circumstances, the petitioner is stated to have filed an application under Form

8 of the Survey and Boundaries Rules by remitting the requisite fees as

demanded and submitted the required documents. Exhibit P3 is the notice

issued by the 2nd respondent acknowledging the receipt of the application

from the petitioner. His grievance is that no action has been taken till date. It

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

direction to the 2nd respondent to consider the application submitted by the

petitioner which is made mention of in Exhibit-P3 notice and to finalise the

same within a time frame.

2. I have heard Sri.K.V.Jayadeep Menon, the learned counsel

appearing for the petitioner and the learned Government Pleader.

3. I have considered the submissions advanced. Exhibit P3 notice

would reveal that the application dated 4.12.2017 filed by the petitioner under

Form 8 of the Survey and Boundaries Rules is pending before the 2nd

respondent. In that view of the matter, necessary directions can be issued to

finalize the same.

In the result, this writ petition will stand disposed of directing the 2nd

respondent to take up the application submitted by the petitioner referred to

in Ext.P3 and finalize the proceedings, with notice to the petitioner and the

affected parties, if any, expeditiously, at any rate, within a period of three

months from the date of receipt of a copy of this judgment. The petitioner

shall produce a copy of the judgment along with the writ petition before the

2nd respondent to ensure compliance.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE sru

APPENDIX OF WP(C) 12004/2021

PETITIONER'S EXHIBITS:

Exhibit P1 A TRUE PHOTOCOPY OF THE PATTA PURCHASE CERTIFICATE NO.12207 DATED 06.01.1993 ISSUED BY THE SPECIAL TAHSILDAR,DEVIKULAM PROCEEDINGS NO.L.A.21/92/KTBR.

Exhibit P2 A TRUE PHOTOCOPY OF THE GOVERNMENT ORDER NO.GO(MS)NO.69/2015/RD DATED 16/02/2015

Exhibit P3 A TRUE PHOTOCOPY OF THE NOTICE DATED 21.02.2018 ISSUED FROM THE TAHASILDAR,DEVIKULAM.

Exhibit P4 A TRUE PHOTOCOPY OF THE JUDGMENT DATED 11.03.2020 IN W.P.(C)NO.7390 OF 2020 OF THIS HONOURABLE COURT.

Exhibit P5 A TRUE PHOTOCOPY OF THE JUDGMENT DATED 15.01.2021 IN W.P.(C)NO.25349 OF 2020 OF THIS HONOURABLE COURT.

RESPONDENTS: EXHIBITS:

NIL