Abubacker K.K vs The District Collector
2021 Latest Caselaw 23310 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
                      WP(C) NO. 23788 OF 2021
PETITIONER:

             ABUBACKER K.K.
             AGED 66 YEARS
             S/O. KUNJUVAPPU, KAVOTTUVALAPPIL HOUSE,
             KUMARANELLOOR P.O., VIA WADAKKANCHERY,
             TRICHUR DISTRICT.

             BY ADV GEORGE ABRAHAM
             SHRI.JOSEPH GOPURAN



RESPONDENTS:

     1       THE DISTRICT COLLECTOR,
             COLLECTORATE, AYYANTHOLE, TRICHUR DISTRICT-680 003.

     2       TAHSILDAR
             TALUK OFFICE, THALAPPILLY, TRICHUR-680 682.

     3       TALUK SURVEYOR
             TALUK OFFICE, THALAPPILLY, TRICHUR-680 682.

     4       VILLAGE OFFICER
             VILLAGE OFFICE, ENKAKAD VILLAGE, VIA. WADAKKANCHERY,
             TRICHUR DISTRICT-680 589.

     5       ASSISTANT EXECUTIVE ENGINEER
             PWD ROAD SUB DIVISION, OTTUPARA.


OTHER PRESENT:

             SMT. SURYA BINOY- SR. G.P




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   25.11.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 23788 OF 2021                2

                               JUDGMENT

The petitioner has approached this Court

impugning Exts.P6 and P7 orders issued by

respondents 3 and 2 respectively and asserts that

the statements therein are without basis and in

contravention of the true factual factors.

2. The petitioner says that since the

controversy now projected by the official

respondents is as to the demarcation of the extent

of the property claimed by him in this writ

petition, he has preferred Ext.P19 application

before the competent Authority in the statutory Form

as per the Survey and Boundaries Act and says that

unless it is acceded to and a proper Survey

conducted, the issues impelled in this case cannot

obtain solution.

3. The petitioner, therefore, prays that Ext.P19

be directed to be taken up and disposed of by the

competent among respondents 1 to 3; that the 5th

respondent be directed not to stop him from

constructing his compound wall; and to further

order the said respondent to pay him damages for the

illegal demolition made in the past.

4. In response to the afore submissions made on

behalf of the petitioner by his learned counsel

Shri.Joseph Gopuran, the learned Senior Government

Pleader - Smt.Surya Binoy submitted that, even as is

admitted by the petitioner, his property is not

comprised of in Survey No.193/6 alone, but also in

193/5 of the Enkakad Village. She submitted that,

therefore, unless a proper survey is conducted, it

will not be possible for the petitioner to assert

that the construction of the compound wall made by

him is legally correct.

5. When I evaluate the afore rival submissions,

there can be no doubt that unless the property is

properly identified, demarcated and measured, it

would not be possible to resolve the internecine

disputes that are presented in this writ petition.

6. I am, therefore, of the firm view that

Ext.P19 application submitted by the petitioner

before respondent No.3 must be acted upon and a

proper survey conducted, without any avoidable

delay.

7. I record that the learned Senior Government

Pleader, Smt.Surya Binoy, responded to this, saying

that if this Court is so inclined, survey can be

completed within a period of four months.

In the afore circumstances, I order this writ

petition and direct the 3rd or such other competent

respondent, to take up Ext.P19 application of the

petitioner and complete the survey with respect to

the property, based on his title documents and other

Revenue Records and after affording him an

opportunity of being heard, as expeditiously as is

possible, but not later than three months from the

date of receipt of a copy of this judgment.

Needless to say, depending upon the report and

sketch to be obtained from the competent Authority

pursuant to the afore directions, the issue as to

whether the property involved is vested with the

Vadakkanchery Municipality or whether it is a

"Puramboke" land and such other, will be considered

by the 2nd respondent - Tahsildar, again after

affording an opportunity of being heard to the

petitioner; and the resultant order and

consequential action thereon will be issued and

completed as expeditiously as is possible, but not

later than two months from the date on which the

survey report and sketch is obtained.

As a corollary to the afore directions, I

further order that all action being taken by the 5th

respondent based on the impugned orders/proceedings

shall stand deferred, until such time as the order

of the Tahsildar in terms of my afore directions is

communicated to the petitioner.

Sd/-

DEVAN RAMACHANDRAN JUDGE

MC/25.11

APPENDIX OF WP(C) 23788/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TITLE DEED DATED 20.11.2000.

Exhibit P2 TRUE COPY OF THE LAND TAX PAID BY THE PETITIONER IN RE.SY.NO.193/11.

Exhibit P3 TRUE COY OF THE COMMUNICATION DATED 7.6.2013 ISSUED BY THE VILLAGE OFFICER.

Exhibit P4 TRUE COPY OF THE CORRECTION DEED NO.2398/2013.

Exhibit P5 TRUE COPY OF THE LAND TAX RECEIPT DATED 18.6.2013.

Exhibit P6 TRUE COPY OF THE COMMUNICATION DATED 20.5.2020 ISSUED BY THE TALUK SURVEYOR TO THE TAHSILDAR.

Exhibit P7 TRUE COPY OF THE COMMUNICATION DATED 22.10.2020 ISSUED BY THE TAHSILDAR.

Exhibit P8 TRUE COPY OF THE COMMUNICATION DATED 28.7.2021 ISSUED BY THE VILLAGE OFFICER.

Exhibit P9 TRUE COPY OF THE BTR ISSUED BY THE VILLAGE OFFICER AS FAR AS SY.NO.193/5 AND 193/6.

Exhibit P10 TRUE COPY OF THE FIELD NO.267 ISSUED BY THE SUPERINTENDENT, REGIONAL ARCHIVES DEPARTMENT, ERNAKULAM DATED 2.12.2020

Exhibit P11 TRUE COPY OF THE SURVEY SKETCH FOR SY.NO.268 (FIELD NO.268).

Exhibit P12 TRUE COPY OF THE SURVEY AND SETTLEMENT REGISTER OF ENKAKAD VILLAGE OF THALAPPILLY TALUK.

Exhibit P13 TRUE COPY OF THE SURVEY SKETCH FOR

SY.NO.266.

Exhibit P14 TRUE COPY OF THE RESURVEY SKETCH OF FIELD NUMBER (SY.NO.193).

Exhibit P15 TRUE COPY OF THE SKETCH PREPARED BY THE PRIVATE SURVEYOR WITH RESPECT TO THE PETITIONER'S PROPERTY.

Exhibit P16 TRUE COPY OF THE PHOTOGRAPH SHOWING THE COMPOUND WALL OF THE PETITIONER.

Exhibit P17 TRUE COPY OF THE PHOTOGRAPH SHOWING THE DEMOLISHED COMPOUND WALL.

Exhibit P18 TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR.

Exhibit P19 TRUE COPY OF THE FORM NO.8 SUBMITTED BY THE PETITIONER.