Kerala High Court
K.T. Sathish vs The Superintendent Of Re-Survey on 27 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 27TH DAY OF JANUARY 2022 / 7TH MAGHA, 1943
WP(C) NO. 28950 OF 2021
PETITIONER:
K.T. SATHISH, AGED 72 YEARS,
S/O. LATE P. K. BALAKRISHNAN NAMBIAR,
RETIRED EMPLOYEE, RESIDING AT "AYILLIATH",
BEHIND "ALL INDIA RADIO STATION",
PALLIKKUNNU, KANNUR - 670004.
BY ADVS.
M.K.SUMOD
ABDUL RAOOF PALLIPATH
K.R.AVINASH (KUNNATH)
VIDYA M.K.
RESPONDENTS:
1 THE SUPERINTENDENT OF RE-SURVEY
RE-SURVEY SUPERINTENDENT OFFICE, SREEKANDAPURAM
KOOTTUMUGHAM - PAYYAVOOR ROAD, SREEKANDAPURAM,
KANNUR - 670631.
2 THE DISTRICT COLLECTOR, KANNUR DISTRICT COLLECTOR'S
OFFICE, THAVAKKARA ROAD, KANNUR - 670002.
3 THE ADDITIONAL TAHSILDAR (LR) , TALUK OFFICE,
1ST FLOOR, BUS STAND ROAD, IRITTY,
KANNUR DISTRICT - 67070
4 THE VILLAGE OFFICER, PADIYUR, PADIYUR VILLAGE OFFICE,
IRIKKUR, KANNUR - 670703.
5 THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL
SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, NORTH
BLOCK, THIRUVANANTHAPURAM - 695 001.
SMT. MABLE .C .KURIAN SR.G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 28950/21
2
JUDGMENT
The solitary request of the petitioner in this Writ Petition is
that the 1st respondent - Superintendent of Re-survey, be directed
to take up Ext.P3 Statutory Appeal filed under Section 11(1) of the
Kerala Survey and Boundaries Act. He says that this appeal has
been pending before the said respondent from 11.05.2009 and
prays that the same be directed to be taken up and disposed of
without any avoidable delay.
2. The afore request made on behalf of the petitioner by
his learned counsel - Sri.M.K.Sumod, was answered by Smt.Mable
C. Kurian - learned Government Pleader, saying that since the
petitioner himself admits that Ext.P3 was preferred as early as in
the year 2009, she is not sure if it is still pending. She, however,
added that if it is so, then there is no legal impediment for the 1 st
respondent in issuing appropriate orders on it as per law, but
prayed that this Court may not make any affirmative declarations
WPC 28950/21
on the entitlement of the petitioner to any relief and leave it to
the competent Authority to take a final decision as per law.
Taking note of the afore submissions, I order this Writ
Petition to the limited extent of directing the 1 st respondent to
take up Ext.P3 Appeal of the petitioner - if it is still pending -
and dispose it of, after affording him an opportunity of being
heard, as expeditiously as is possible, but not later than three
months from the date of receipt of a copy of this judgment.
I, however, make it clear that if Ext.P3 has already been
disposed of, then the 1st respondent will favour the petitioner with
a copy of the same through Registered Post/AD in the address
shown in the Writ Petition, within a period of one month from
the date of receipt of a copy of this judgment, so as to enable him
to pursue further recourse in law, if so warranted.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
WPC 28950/21
APPENDIX OF WP(C) 28950/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT ISSUED
BY THE 4TH RESPONDENT TO DATED
06.01.2006.
Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT ISSUED
BY THE 4TH RESPONDENT TO DATED
21.04.2009.
Exhibit P3 TRUE COPY OF APPEAL DATED 11.05.2009
FILED BEFORE THE 1ST RESPONDENT.
Exhibit P4 TRUE COPY OF THE POST CARD DATED
15.10.2009 ISSUED BY THE 1ST RESPONDENT.
Exhibit P5 TRUE COPY OF THE LAND TAX RECEIPT ISSUED
BY THE 4TH RESPONDENT TO DATED 19.12.12.
Exhibit P6 TRUE COPY OF THE LAND TAX RECEIPT ISSUED
BY THE 4TH RESPONDENT TO DATED
24.02.2016.
Exhibit P7 TRUE COPY OF THE LETTER OF 3RD
RESPONDENT WITH REF. NO.H1-15231/15
DATED 30.04.2016.
Exhibit P8 TRUE COPY OF THE APPEAL BEFORE THE 2ND
RESPONDENT DATED 18.08.2016.
