John V Akkara vs Tahsildar/Addl. Tahsildar (Land ...
2021 Latest Caselaw 23641 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                        PRESENT

           THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

    TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943

                            WP(C) NO. 27060 OF 2021

PETITIONER:

              JOHN V AKKARA
              AGED 60 YEARS
              S/O VARAPPAN AA, ARAKKAL HOUSE, THAIKKATTUSSERY P.O.OLLUR
              EDAKUNNI VILLAGE, THRISSUR TALUK, THRISSUR DT. PIN-680 306.

              BY ADV SHOBY K.FRANCIS



RESPONDENTS:

     1        TAHSILDAR / ADDL.TAHSILDAR (LAND RECORDS),
              TALUK OFFICE, THRISSUR TALUK, MINI CIVIL STATION, CHEMBOOKKAVU
              P.O.THRISSUR-680 021

     2        TALUK HEAD SURVEYOR,
              OFFICE OF THE TAHSILDAR, THRISSUR TALUK, MINI CIVIL STATION,
              CHEMBOOKKAVU P.O.THRISSUR-680 021

     3        VILLAGE OFFICER,
              EDAKUNNI VILLAGE, EDAKUNNI & THAIKKATTUSERY P.O, THRISSUR DT. PIN-
              680 306.

     4        DISTRICT COLLECTOR,
              COLLECTORATE, THRISSUR DISTRICT-680 003.

     5        REVENUE DIVISIONAL OFFICER,
              OFFICE OF THE RDO, AYYANTHOLE, THRISSUR-680 003.




              SMT.SURYA BINOY.SR.G.P.




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2021,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                  2



W.P.(C)No. 27060 of 2021




                           JUDGMENT

Dated this the 30th day of November, 2021.

The petitioner has approached this Court urging

various contentions and seeking several reliefs; but

when this matter was called today, his learned counsel

confined his plea that the 1st respondent - Tahsildar be

directed to take up Ext.P7 application and dispose it

of, thus leading to the demarcation of his property

covered by Ext.P1.

2. In response, Smt.Surya Binoy - learned

Senior Government Pleader, submitted that 1st

respondent will be able to take an effective decision

on Ext.P7 only after hearing the Secretary, Thrissur

W.P.(C)No. 27060 of 2021

Corporation or such other necessary Authority.

Taking note of the afore submissions, I order this

writ petition and direct the 1st respondent - Tahsildar

to take up Ext.P7 application of the petitioner and

dispose of same, after affording him an opportunity of

being heard, as also to the Secretary of Corporation of

Thrissur or such other Competent Authority;

culminating in an appropriate order/necessary action

thereon as expeditiously as is possible, but not later

than two months from the date of receipt of a copy of

this judgment.

Sd/-

DEVAN RAMACHANDRAN JUDGE

Raj/01.12.2021.

W.P.(C)No. 27060 of 2021

APPENDIX OF WP(C) 27060/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SURVEY SKETCH PREPARED BY THE PETITIONER DATED NIL OF THE PROPERTY Exhibit P2 TRUE COPY OF MASS COMPLAINT DATED 25.5.2007 SUBMITTED BY THE PETITIONER AND 26 OTHERS TO THE RDO THRISSUR Exhibit P3 TRUE COPY OF THE COMPLAINT DATED 20.8.2007 SUBMITTED BY THE PETITIONER TO THE RDO THRISSUR Exhibit P4 TRUE COPY OF JUDGMENT IN WPC NO 38070/2007 DATED 1.1.2008 Exhibit P5 TRUE COPY OF THE ORDER DATED 15.7.2008 ISSUED BY THE RDO THRISSUR Exhibit P6 TRUE COPY OF THE JUDGMENT IN WPC NO 24078/2008 DATED 26.8.2008 Exhibit P7 TRUE COPY OF APPLICATION SUBMITTED BY THE PETITIONER UNDER RULE 27 OF THE KERALA SURVEY AND BOUNDARIES RULES, 1964 IN FORM NO 8 DATED 6.11.2021 AS PER NO TSA/26933/2021 TO THE 1ST RESPONDENT