Joseph Alexander vs The Commissioner Of Land Revenue
2021 Latest Caselaw 18618 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
 WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943
                      WP(C) NO. 18323 OF 2021
PETITIONER:

          JOSEPH ALEXANDER
          AGED 59 YEARS
          S/P P.V.JOSEPH, PUTHUVELIL HOUSE, PALLICKACHIRA P.O,
          PAIPAD VILLAGE, CHANGANACHERRRY TALUK-686537.

          BY ADVS.
          K.SHAJ
          C.IJLAL
          RESHMA.P.
          ARUN CHAND
          JOSEPH MARY DAS
          BHARAT VIJAY P.
          MAJID MUHAMMED K.
          ANANDU R.
          ARUL K.S
          NEERAJA GOWRI A.S
          GAYATHRI SATHYAN
          VINAYAK G MENON
          RENJIT GEORGE



RESPONDENTS:

    1     THE COMMISSIONER OF LAND REVENUE
          OFFICE OF THE COMMISSIONER OF LAND REVENUE, PUBLIC
          OFFICE BUILDING, MUSEUM ROAD,
          OPPOSITE ZOO, VIKAS BHAVAN P.O,
          THIRUVANANTHAPURM-695033.

    2     THE DISTRICT COLLECTOR
          COLLECTORATE, KOTTAYAM DISTRICT, KOTTAYAM-686002.

    3     THE DEPUTY DIRECTOR OF SURVEY,
          COLLECTORATE, KOTTAYAM DISTRICT, KOTTAYAM-686002.

    4     THE DISTRICT SURVEY SUPERINTENDENT,
          COLLECTORATE, KOTTAYAM DISTRICT, KOTTAYAM-686002.

    5     THE SUPERINTENDENT OF SURVEY AND LAND RECORDS,
 WP(C) NO. 18323 OF 2021               2

           COLLECTORATE, KOTTAYAM DISTRICT, KOTTAYAM-686002.

     6     THE TAHSILDAR,
           CIVIL STATION, TALUK OFFICE, CHANGANACHERRY TALUK,
           CHANGANACHERRY-686101.

     7     THE ADDITIONAL TAHSILDAR
           CIVIL STATION , TALUK OFFICE, CHANGANACHERRY
           TALUK, CHANGANACHERRY-686101.

     8     THE VILLAGE OFFICER
           VILLAGE OFFICE, PAIPAD VILLAGE, PAIPAD,
           CHANGANACHERRY -686537.

     9     VIGILANCE AND ANTI-CORRUPTION BUREAU
           REPRESENTED BY THE DEPUTY SUPERINTENDENT OF
           POLICE, KOTTAYAM UNIT, KOTTAYAM-686001.

     10    LAWRENCE JOHN
           SNEHATHEERAM HOUSE, NALUKODI P.O, PAIPAD,
           CHANGANACHERRY-686548.

           BY ADV.
           SMT.AMMINIKUTTY, SR GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   08.09.2021,   THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 18323 OF 2021          3



                            JUDGMENT

On the strength of various averments and

assertions in this writ petition, the petitioner

seeks that Ext.P11 be set aside; and in the

alternative, that Ext.P9 application made by him

under Section 13A of the Kerala Survey and

Boundaries Act, 1961, be directed to be disposed of

by the 2nd respondent within a time frame - until

which time, further proceedings pursuant to Ext.P11

be ordered to be deferred.

2. The learned learned Senior Government

Pleader, Smt.Amminikutty, submitted that challenge

against Ext.P11 may not be acceded to by this Court

at this stage because, admittedly, the petitioner

has approached the 2nd respondent with Ext.P9. She

then submitted that there does not appear to be any

legal impediment in Ext.P9 being disposed of by the

said respondent; but prayed that this Court may not

make any affirmative declarations on the entitlement

of the petitioner to any relief and leave it to be

decided by the competent Authority, in terms of law.

In the afore circumstances, I order this writ

petition and direct the 2nd respondent to dispose of

Ext.P9 application, following due procedure and

after affording an opportunity of being heard to the

petitioner; thus culminating in an appropriate order

thereon, as expeditiously as is possible.

Needless to say, until the afore exercise is

completed and the resultant order communicated to

the petitioner, all further action pursuant to

Ext.P11 shall stand deferred; and I make it further

clear that this Court has not considered the

petitioner's contentions against the said order on

its merits, and that they are all left open to be

pursued by him in future, if so required.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/8.9

APPENDIX OF WP(C) 18323/2021

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF APPLICATION DATED 24/05/2014 SUBMITTED BY THE PETITIONER IN FORM NO.10 AS PER THE KERALA SURVEY MANUAL BEFORE THE 6TH RESPONDENT.

Exhibit P2 THE TRUE COPY OF REPORT NO.B5-822/14 DATED 03.07.2014 SUBMITTED BY THE 8TH RESPONDENT TO THE 7TH RESPONDENT.

Exhibit P3 THE TRUE COPY OF LETTER NO.B7/8222/14 DATED 16/07/2014 ISSUED BY THE 7TH RESPONDENT TO THE 4TH RESPONDENT.

Exhibit P4 THE TRUE COPY OF LETTER NO.S.D.B7/8222/14 DATED 14/08/2014 ISSUED BY THE 4TH RESPONDENT TO THE 7TH RESPONDENT.

Exhibit P5 THE TRUE COPY OF MEMORANDUM OF ALTERNATIONS TO BE MADE IN THE RECORDS OF PAIPAD VILLAGE IN RESPECT OF SURVEY NO.449 IN SUB-DIVISION NO.6 IN FORM NO,97 IN CHAPTER XVI OF THE KERALA SURVEY MANUEL PREPARED BY THE OFFICE OF THE 4TH RESPONDENT.

Exhibit P6 THE TRUE COPY OF FORM NO.93 IN CHAPTER XVI OF THE KERALA SURVEY MANUEL ISSUED BY THE 5TH RESPONDENT TO THE 6TH RESPONDENT FOR NECESSARY CHANGES IN THE VILLAGE RECORDS IN RESPECT OF THE PROPERTY OF THE PETITIONER.

Exhibit P7 THE TRUE COPY OF QUICK VERIFICATION REVISED REPORT OF THE 9TH RESPONDENT DATED 03.04.2018.

Exhibit P8 THE TRUE COPY OF ORDER NO.C/256/2019/K.DIS DATED 22/05/2019 ISSUED BY CONVENER OF DISTRICT LEVEL COMMITTEE FOR REGULARISATION OF UNAUTHORISED CONSTRUCTIONS AND TOWN PLANNER, KOTTAYAM.

Exhibit P9 THE TRUE COPY OF APPLICATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 15.01.2019 ALONG WITH THE COPY OF THE APPLICATION WITH ENDORSEMENT RECEIVED BY THE PETITIONER UNDER THE RTI ACT.

Exhibit P10 THE TRUE COPY OF LETTER NO.DCKTTM/6211/2016-C5 DATED 18/04/2018 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT.

Exhibit P11 THE TRUE COPY OF LETTER NO.L.R.K5-

46700/2015 DATED 30.11.2020 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT.