Amritha vs The District Collector
2022 Latest Caselaw 148 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   TUESDAY, THE 11TH DAY OF JANUARY 2022 / 21ST POUSHA, 1943
                      WP(C) NO. 22462 OF 2021
PETITIONER:

          AMRITHA
          AGED 40 YEARS
          W/O.PRAVEEN P. KAIMAL, KALARIKKAL VEETTIL,
          THEKKANARIYAD, SOUTH AARIYAD VILLAGE, AMBALAPPUZHA
          TALUK, ALAPPUZHA DISTRICT.

          BY ADVS.
          R.MOHANA BABU
          M.AJITH (KARICODE)



RESPONDENTS:

    1     THE DISTRICT COLLECTOR,
          COLLECTORATE, CIVIL STATION WARD, ALAPPUZHA-688001.

    2     THE TAHASILDAR,
          LAND RECORDS, AMBALAPPUZHA, ALAPPUZHA-688013.

    3     THE VILLAGE OFFICER,
          ARYAD SOUTH VILLAGE, ALAPPUZHA-688006.

    4     THE TALUK SURVEYOR,
          TALUK OFFICE, AMBALAPPUZHA, ALAPPUZHA-688013.

    5     JOHNY VARGHESE,
          AGED 53 YEARS
          S/O.VARGHESE, MUKKATH HOUSE, PAZHAVEEDU P.O., CHUNGAM
          WARD, ALAPPUZHA-688009.

          BY ADVS.
          PHILIP T.VARGHESE
          THOMAS T.VARGHESE
          ACHU SUBHA ABRAHAM
          V.T.LITHA
          K.R.MONISHA
          SHRUTHI SARA JACOB
          SHRI.ALEX THOMAS
 WP(C) NO. 22462 OF 2021               2

OTHER PRESENT:

             SMT. MABLE .C .KURIAN SR.G.P




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   11.01.2022,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 22462 OF 2021               3

                             JUDGMENT

The petitioner impugns Ext.P9 notice issued by the

4th respondent - Taluk Surveyor on various grounds, but

primarily that the proceedings proposed thereunder are

impermissible on account of the pendancy of two civil

suits - one of which has been filed by her and the

other by the 5th respondent and which have been

numbered as O.S.No.169 of 2016 and O.S.No.282 of 2016

respectively before the Munsiff's Court, Alappuzha.

2. The petitioner says that attempt of the 5 th

respondent to involve the 4th respondent - Taluk

Surveyor in a civil dispute, which is pending before a

Civil Court is egregiously improper and is intended to

over reach the processes of law. She, therefore, prays

that 4th respondent be directed not to take any further

action based on Ext.P9, until such time as the Civil

Suits are disposed of.

3. The afore submissions made on behalf of the

petitioner by her learned counsel- Shri.M.Ajith

Karicode, were opposed by Shri.Alex Thomas - learned

counsel appearing for respondent No.5, saying that his

client approached the 4th respondent - Taluk Surveyor

as per the provisions of the Kerala Survey and

Boundaries Act and that this Court had, through Ext.P8

judgment, directed the said Authority to complete the

processes thereunder in terms of law. He submitted

that, therefore, the petitioner cannot now contend that

the action proposed through Ext.P9 is illegal. He thus

prayed that this writ petition be dismissed.

4. The learned Senior Government Pleader,

Smt.Mable C.Kurian, submitted that, as is recorded in

Ext.P8 judgment, the proceedings for survey of the

property had been commenced based on a notice which had

been issued on 08.02.2017 and that directions were

issued by this Court to dispose of the same strictly in

accordance with law. She submitted that it is in such

circumstances that Ext.P9 notice has been issued; but

added that 4th respondent is willing to abide by any

directions to be issued by this Court.

5. I have examined Ext.P8 judgment, which has been

obtained by the 5th respondent. No doubt, it is

recorded therein that action for survey has commenced

based on a notice dated 08.02.2017, which had been

annexed to the said writ petition as Ext.P5; and it is

consequent there to that this Court had directed

completion of the process thereunder, however, in

strict compliance of law.

6. That said, the petitioner now says that there

are two Civil Suits, namely O.S.No.169 of 2016 and

O.S.No.282 of 2016 filed by the parties against each

other before the Munsiff's Court, Alappuzha; and that

the commission report and sketch obtained by the said

Court in the latter suit has been challenged before

this Court in O.P(C)No.2733 of 2019. Obviously,

therefore, before the 4th respondent can take any

further action pursuant to Ext.P9, he must verify

whether the pleadings of the parties before the Civil

Court would take in the relief which has been sought

for by the 5th respondent through his request made

before the said Authority. This is particularly because

this Court has, in Ext.P8 judgment, directed such

processes to be completed strictly in terms of law.

7. In the afore circumstances, I allow the

petitioner to make an objection to Ext.P9 notice,

detailing all the facts and producing the copies of the

plaints in the suits pending before the Trial Court, as

also any orders which have been issued by it; and if

this is done within a period of two weeks from the date

of receipt of a copy of this judgment, the 4th

respondent will consider it, after hearing both sides,

and then decide whether any further action pursuant to

Ext.P9 can be taken forward at this stage.

8. For the afore purpose, I leave open all

contentions of the rival parties, which they are at

liberty to impel before the 4th respondent when the

afore exercise is completed.

9. Needless to say, until such time as the

objections of the petitioner are disposed of and an

appropriate order communicated to both sides, action

pursuant to Ext.P9 shall be deferred.

This writ petition is thus ordered.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/11.1

APPENDIX OF WP(C) 22462/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SALE DEED NO.3158/2013 OF 5TH RESPONDENT.

Exhibit P2 TRUE COPY OF THE PLAINT IN O.S.NO.169/2016 PENDING BEFORE THE MUNSIFF COURT ALAPPUZHA.

Exhibit P3 TRUE COPY OF THE I.A.940/2016 IN O.S.169/2016 OF THE MUNSIFF COURT, ALAPPUZHA.

Exhibit P4 TRUE COPY OF THE ORDER DATED 31.3.2018 IN CMA.62/2016 OF THE ADDL. DISTRICT JUDGE- I, ALAPPUZHA.

Exhibit P5 TRUE COPY OF THE PLAINT IN O.S.282/2016 OF THE MUNSIFF COURT, ALAPPUZHA.

Exhibit P6 TRUE COPY OF THE ORDER DATED 30.1.2018 OF THE SUB COLLECTOR, ALAPPUZHA WITH NUMBER J.3858/17KDIS.

Exhibit P7 TRUE COPY OF THE ORDER OF 1ST RESPONDENT IN C4-3473/18/K.DIS DATED 26.11.2018.

Exhibit P8 TRUE COPY OF THE JUDGMENT IN WP(C) 16317/2021 DATED 11.8.2021 OF THIS HONOURABLE COURT.

Exhibit P9 TRUE COPY OF THE NOTICE DATED 6.10.2021 OF 4TH RESPONDENT.

Exhibit P10 TRUE COPY OF THE PETITION GIVEN TO 4TH RESPONDENT BY PETITIONER DATED 13.10.2021.

Exhibit P11 TRUE COPY OF THE PETITION GIVEN TO THE 3RD RESPONDENT BY PETITIONER.