Muhammed Nazeer vs The District Collector
2022 Latest Caselaw 11832 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
 WEDNESDAY, THE 21ST DAY OF DECEMBER 2022 / 30TH AGRAHAYANA, 1944
                       WP(C) NO. 39536 OF 2022
PETITIONERS:

    1     MUHAMMED NAZEER,
          AGED 55 YEARS
          S/O ABUL VAHID ASAN,NADEERA MANZIL,
          KIZHAKKUMBHAGAM, CHITHARA PO, KOLLAM 691559.

    2     MUHAMMED NAUSHAD,
          AGED 65 YEARS
          S/O ABUL VAHID ASAN, NADEERA MANZIL, KIZHAKKUMBHAGAM,
          CHITHARA PO, KOLLAM 691559.

          BY ADVS.
          LIJU. M.P
          REVATHI R. KURUP



RESPONDENTS:

    1     THE DISTRICT COLLECTOR,
          COLLECTORATE, KOLLAM. 691013.

    2     THE TALUK SURVEYOR,
          OFFICE OF TALUK SURVEYOR, KOTTARAKKARA TALUK,
          KOTTARAKKARA, KOLLAM 691506.

    3     THE TAHLISDAR,
          KOTTARAKKARA TALUK OFFICE, MINI CIVIL STATION,
          KOTTARAKKARA, KOLLAM 691506.

    4     THE VILLAGE OFFICER,
          MANGODU VILLAGE, MANGODU, KOLLAM DISTRICT. 691015.

    5     MOOZA KUNJU,
          AGED 53 YEARS
          S/O KUNJU MUHAMMED, M.K.MANZIL, KIZHAKKUMBHAGAM,
          CHITHARA PO, KOLLAM 691559.
 WP(C) NO. 39536 OF 2022               2

     6       VAMADEVAN,
             AGED 69 YEARS
             S/O.CHELLAPPAN PILLAI, PALLIKKAKONAM VEEDU,
             KIZHAKKUMBHAGAM, CHITHARA P.O., KOLLAM 691 556.

             SRI.. BIMAL K. NATH, SR.GP.




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   21.12.2022,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 39536 OF 2022               3




                            T.R. RAVI, J.
             --------------------------------------------
                     W.P.(C).No.39536 of 2022
              --------------------------------------------
             Dated this the 21st day of December, 2022


                               JUDGMENT

Admit. Government Pleader takes notice for respondents 1 to 4.

Notice to respondents 5 and 6 is dispensed with.

2. The grievance of the petitioners is that the applications

submitted by the petitioners for measuring the properties and re-

fixing the boundaries based on the survey records and title deeds of

the petitioners have been rejected stating that the properties do not

have specified boundaries. Exts.P6 and P7 filed by the petitioners are

also pending for consideration.

In the above circumstances, the writ petition is disposed of

directing the respondents 2 and 3 to take appropriate action on

Ext.P3, P6 and P7 applications and measure out the properties and

re-fix the boundaries in accordance with the title deeds of the

petitioners and the neighbouring owners like the respondents 5 and 6

and any other interested persons. Necessary action shall be

completed within four months from the date of receipt of a copy of

this judgment. Ext.P4 is set aside for the purpose of implementing

the above directions.

Sd/-

T.R.RAVI JUDGE

LEK

APPENDIX OF WP(C) 39536/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 08.06.2021 IN THE NAME OF 1ST PETITIONER.

Exhibit P2 TRUE COPY OF THE TAX RECEIPT DATED 08.06.21.

Exhibit P3 TRUE COPY OF THE APPLICATION DATED 02.11.2019.

Exhibit P4 TRUE COPY OF THE REPLY DATED 15.07.2021 ISSUED BY RESPONDENT NO.3.

Exhibit P5 TRUE COPY OF THE RECEIPT DATED 24.10.2021 ISSUED FROM CHITHARA POLICE STATION.

Exhibit P6 TRUE COPY OF THE APPLICATION DATED 07.03.2022 SUBMITTED BY THE 1ST PETITIONER.

Exhibit P7 TRUE COPY OF THE APPLICATION DATED 07.03.2022 SUBMITTED BY 2ND PETITIONER.