Citation : 2021 Latest Caselaw 19911 Ker
Judgement Date : 23 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 23RD DAY OF SEPTEMBER 2021 / 1ST ASWINA,
1943
WP(C) NO. 18355 OF 2021
PETITIONER/S:
R.K.VINOD
AGED 56 YEARS
S/O. LATE KARTHIKEYAN, RAMADIYIL HOUSE,
OCHATHURUTH P.O, PIN 682 508
BY ADV DENIZEN KOMATH
RESPONDENT/S:
1 DISTRICT COLLECTOR,
COLLECTORATE, KAKKANAD, ERNAKULAM 682 030
2 SUB COLLETOR/REVENUE DIVISIONAL OFFICER
O/O REVENUE DIVISIONAL OFFICER, FORT KOCHI 682
001
3 TAHSILDAR,
TALUK OFFICE, KOCHI 682 001
4 VILLAGE OFFICER
PUTHUVYPE VILLAGE, OCHAMTHURUTHU, KOCHI 682 508
ADDL.R5 THE TAHSILDAR
LAND RECORDS,KOCHI
ADDL R5 IS SUO MOTU IMPLEADED AS PER ORDER
DATED 23/09/2021 IN W.P.(C)18355/2021
OTHER PRESENT:
SMT. AMMINIKUTTY - SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.09.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WPC 18355/2021
2
DEVAN RAMACHANDRAN, J.
------------------------
WP(C) No.18355 of 2021
----------------------------------
Dated, this the 23rd day of September, 2021
JUDGMENT
The petitioner alleges that the respondents have
committed inordinate delay in rectifying the revenue records
with respect to his property, covered by Ext.P1 document,
even though he had preferred Exts.P3 and P6 requests for
the same. The petitioner, therefore, prays that the
competent respondent be directed to take up Exts.P3 and P6
and dispose of the same, after affording him an opportunity
of being heard; thus resulting in the correction of revenue
records as prayed for by him, within a time frame to be fixed
by this Court.
2. In response, the learned Senior Government
Pleader - Smt.K.Amminikutty, submitted that the allegation
of the petitioner that no action has been taken on Exts.P3
and P6 is not correct, since the competent Authority has WPC 18355/2021
already forwarded the same to the jurisdictional Taluk
Surveyor for verification of the measurements and
demarcation of the property concerned. She submitted that
once the Taluk Surveyor forwards a proper report and sketch,
necessary further action on Exts.P3 and P6 will be completed
by the competent Authority. She, therefore, prayed that this
writ petition be ordered on such terms.
3. Taking note of the afore submissions, I allow this
writ petition, recording the submissions of the learned Senior
Government Pleader as afore; and consequently directing
the fifth respondent or such other competent Authority
among the other respondents, to complete requisite
proceedings on Exts.P3 and P6, 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, the competent Authority will ensure
that the jurisdictional Taluk Surveyor produces before him
the report and sketch with respect to the property without
any avoidable delay and necessary follow up action will be WPC 18355/2021
taken for such purpose.
This writ petition is thus ordered.
Sd/-
DEVAN RAMACHANDRAN, JUDGE jg WPC 18355/2021
APPENDIX OF WP(C) 18355/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTOCOPY OF DOCUMENT NO. 452/97 OF SRO NJARAKKAL DATED 23-2-1997
Exhibit P2 TRUE PHOTOCOPY OF THE PROCEEDINGS OF 3RD RESPONDENT TAHSILDAR DATED 28-3-1998
Exhibit P3 TRUE PHOTOCOPY OF THE REQUEST PREFERRED BY THE PETITIONER BEFORE 3RD RESPONDENT DATED 06-02-2020
Exhibit P4 TRUE PHOTOCOPY OF THE REQUEST PREFERRED BY THE PETITIONER FOR EXPENDITIOUS CONSIDERATION AND TIME BOUND DISPOSAL OF COMPLAINT DATED 28-01-2021
Exhibit P5 TRUE PHOTOCOPY OF THE INTIMATION ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT DATED 11-02-2021 VIDE REF. NO S71987/21
Exhibit P6 TRUE PHOTOCOPY OF THE LETTER DATED 13-
02-2021 PREFERRED BY THE PETITIONER BEFORE THE ADALATH
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