T.J.Devasia vs Superintendent Of Survey And Land ...
2022 Latest Caselaw 939 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    TUESDAY, THE 25TH DAY OF JANUARY 2022 / 5TH MAGHA, 1943
                       WP(C) NO. 2604 OF 2022
PETITIONER:

          T.J.DEVASIA
          AGED 78 YEARS, S/O.LATE JOSEPH, THAIPARAMBIL HOUSE,
          PANTHALAMPADAM, KANNAMBRA GRAMA PANCHAYAT, KANNAMBRA
          I VILLAGE, KANNAMBRA AMSOM DESOM, ALATHUR TALUK,
          PALAKKAD DISTRICT, PIN - 678 686, REPRESENTED BY HIS
          POWER OF ATTORNEY HOLDER, T.J. PHILIP, AGED 66 YEARS,
          S/O.LATE JOSEPH, PEEDIKAPARAMBIL NAGAR,
          VADAKKENCHERRY GRAMA PANCHAYAT, VADAKKENCHERRY 1
          VILLAGE, VADAKKENCHERRY AMSOM DESOM, VADAKKENCHERRY
          P.O., ALATHUR TALUK, PALAKKAD DISTRICT, PIN-678 683.

          BY ADVS.
          BABU JOSEPH KURUVATHAZHA(K/379/1992)
          MOHAMMED SHAFI.K
          K.S.ARCHANA



RESPONDENTS:

    1     SUPERINTENDENT OF SURVEY AND LAND RECORDS, PALAKKAD -
          678001.

    2     TAHSILDAR, ALATHUR TALUK, TALUK OFFICE, ALATHUR,
          ALATHUR P.O, PALAKKAD DISTRICT, PIN - 678541.

    3     TALUK SURVEYOR, ALATHUR TALUK, TALUK OFFICE, ALATHUR,
          ALATHUR P.O, PALAKKAD DISTRICT, PIN-678 541.

    4     VILLAGE OFFICER, KANNAMBRA I VILLAGE, KANNAMBRA P.O.,
          VADAKKENCHERRY VIA, PALAKKAD DISTRICT, PIN 678 686.


OTHER PRESENT:

          SMT MABLE C KURIAN,SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 2604 OF 2022                  2

                                 JUDGMENT

The petitioner singularly prays that 1st

respondent be directed to take up and dispose of

Ext.P9 Appeal preferred by him, under the provisions

of Rule 39 of the Kerala Survey and Boundaries Rules,

within a time frame to be fixed by this Court.

2. The learned Senior Government Pleader,

Smt.Mable C.Kurian, submitted that if the

petitioner only requires the 1st respondent to take

up and dispose of Ext.P9 as per law, there does not

appear to be any legal impediment in doing so;

however, praying that this Court may not make any

affirmative declarations on the entitlement of the

petitioner to any relief and leave it to be decided

by the competent Authority, in terms of law.

In the afore circumstances, I order this writ

petition and direct the 1st respondent to take up

Ext.P9 Appeal of the petitioner and dispose of the

same, after affording him, as also any other person

who may be interested, an opportunity of being

heard; thus culminating in an appropriate order and

necessary action thereon as expeditiously as is

possible, but not later than two months from the

date of receipt of a copy of this judgment.

Needless to say, until such time as the afore

exercise is completed and the resultant order

communicated to the petitioner, all action pursuant

to Ext.P7 order shall remain deferred.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/25.1

APPENDIX OF WP(C) 2604/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE DOCUMENT NO. 3340/87 DATED 23.9.97 OF THE SUB REGISTRY, VADAKKENCHERRY .

Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 15.9.2020 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.

Exhibit P3 TRUE COPY OF THE POWER OF ATTORNEY DEED DATED 12.2.2018 EXECUTED BY THE PETITIONER, ENTRUSTING HIS BROTHER T.J. PHILIP AS HIS POWER OF ATTORNEY HOLDER.

Exhibit P4 TRUE COPY OF THE APPLICATION DATED 15.2.2021 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P5 TRUE COPY OF THE RECEIPT BEARING TAPAL NO.

2021/1813/9/100 DATED 15.2.2021 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT.

Exhibit P6 TRUE COPY OF THE JUDGMENT OF THIS HONBLE COURT DATED 26.8.2021 IN WPC NO. 4671/2021.

Exhibit P7 TRUE COPY OF THE ORDER DATED 1.10.2021 ISSUED BY THE 2ND RESPONDENT.

Exhibit P8 TRUE COPY OF THE LETTER DATED 226.1989 FORWARDED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE TO GOVERNMENT, DEPARTMENT OF REVENUE TO THE ADDITIONAL SECRETARY BOARD OF REVENUE (SURVEY), THIRUVANANTHAPURAM .

Exhibit P9 TRUE COPY OF THE APPEAL DATED 27.11.2021 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT UNDER RULE 39 OF THE KERALA SURVEY AND BOUNDARIES RULES.