Kerala High Court
Harisankar Pokyarath vs The District Collector on 26 August, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 26TH DAY OF AUGUST 2022 / 4TH BHADRA, 1944
WP(C) NO. 18821 OF 2022
PETITIONER:
HARISANKAR POKYARATH
AGED 92 YEARS
S/O LATE DR. T.D NAIR,
'ANUGRAHA' FULDY ROAD, PALLUKKUNNU POST, KANNUR
DISTRICT-670004.
BY ADVS.
K.M.JAMALUDHEEN
LATHA PRABHAKARAN
RESPONDENTS:
1 THE DISTRICT COLLECTOR
CIVIL STATION, KANNUR-670001.
2 THE SUPERINTENDENT OF SURVEY AND LAND RECORDS,
KANNUR TALUK OFFICE, KANNUR-670001.
3 THE TAHASILDAR,
KANNUR TALUK OFFICE, KANNUR-670001.
4 THE VILLAGE OFFICER,
PALLIKKUNNU VILLAGE OFFICE, PALLLIKKUNNU POST, KANNUR-
670004.
5 ADDL.R5:-TAHASILDAR (LAND RECORDS)
TALUK OFFICE, KANNUR 670001
(IMPLEADED AS ADDITIONAL 5TH RESPONDENT AS PER ORDER
DATED 26.08.2022 IN I.A.No.1 OF 2022 IN W.P(C).No.18821
OF 2022)
SMT.C.S.SHEEJA, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18821 OF 2022 2
T.R. RAVI, J.
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W.P.(C)No.18821 of 2022
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Dated this the 26th day of August, 2022
JUDGMENT
Admit. Government Pleader takes notice for the respondents.
The prayer in the writ petition is to quash Ext.P8 and to direct
the 2nd respondent to measure the property of the petitioner within a
time frame. According to the petitioner, who is a senior citizen aged
92 years, he had 68½ cents of land which devolved on him as per
Ext.P1 and he had executed several documents of sale of portions of
the property. The balance extent available with him is 5½ cents.
Even though he has sought for measurement of the property as per
Ext.P2, he has received Ext.P8 communication which says that he
was not able to point out the undisputed portion which belongs to
him. The reasoning in Ext.P8 does not appear to be proper. The
Survey Department has with it all the resources to identify a land on
the basis of survey numbers and the title deeds and if the title deeds
regarding the properties are made available, there should be no
difficulty to identify the property. It will also be possible to state
whether or not such property exists, on the basis of survey. As such,
the entire burden cannot be put on a person who is 92 years old to
identify and show the entire boundaries so that a plan can be
prepared on those lines.
In such circumstances, the writ petition is allowed. Ext.P8 is set
aside. The additional 5th respondent is directed to take up Ext.P2 and
pass fresh orders, if necessary, after directing a survey to be
conducted for the purpose of identifying the property. Necessary
orders shall be issued at the earliest, at any rate, within a period of
four months from the date of receipt of a copy of this judgment.
Sd/-
T.R.RAVI
JUDGE
LEK
APPENDIX OF WP(C) 18821/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE DEED NO-4334/1995 OF
KANNUR SUB REGISTRY OFFICE ALONG WITH ITS
TYPE WRITTEN COPY.
Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF THE
APPLICATION SUBMITTED BY THE PETITIONER
DATED 30-12-2021.
Exhibit P3 TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONER TO THE 4TH RESPONDENT
DATED 25-2-2022.
Exhibit P4 TRUE COPY OF THE LETTER ISSUED TO THE
PETITIONER BY THE 4TH RESPONDENT DATED
31-3-2022.
Exhibit P5 TRUE COPY OF THE ORDER OF THIS HON'BLE
COURT IN W.P.(C)NO-14739/2022 DATED 29-4-
2022.
Exhibit P6 TRUE COPY OF THE LETTER OF THE PETITIONER
TO THE 2ND RESPONDENT DATED 25-2-2022
ALONG WITH COPY OF THE LAND TAX RECEIPT.
Exhibit P7 TRUE COPY OF THE RECEIPT ISSUED TO THE
PETITIONER BY THE 2ND RESPONDENT DATED
25-5-2022 .
Exhibit P8 TRUE COPY OF THE LETTER OF THE 2ND
RESPONDENT DATED 14-6-2022.
