Joshy C.P vs The Tahsildar (Land ...
2022 Latest Caselaw 8297 Ker

W.P.(C). 21574/2022
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               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                      THE HONOURABLE MR.JUSTICE V.G.ARUN
       FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
                           WP(C) NO. 21574 OF 2022
PETITIONER/S:

             JOSHY C.P., AGED 43 YEARS
             S/O. POULOSE, CHELLAKKUDAM, CHENGALOOR VILLAGE,
             CHENGALOOR PO, MUKUNDAPURAM TALUK, THRISSUR DT., PIN-
             680312.



             BY ADVS.
             MISHAL M.DASAN
             SHOBY K.FRANCIS



RESPONDENT/S:

1            TAHSILDAR (LAND RECORDS)/ADDITIONAL TAHSILDAR, TALUK
             OFFICE, MUKUNDAPURAM TALUK, THRISSUR DT. PIN-680312.


2            TALUK SURVEYOR, TALUK OFFICE, MUKUNDAPURAM TALUK,
             IRINJALAKUDA P.O., 680121, THRISSUR DISTRICT.

3            VILLAGE OFFICER, CHENGALOOR VILLAGE, CHENGALOOR P.O.,
             THRISSUR DT. 680312


OTHER PRESENT:

             GP ADV. BIMAL K. NATH




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C). 21574/2022
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                                     JUDGMENT

Dated this the 1st day of July, 2022

The petitioner claims to be the owner of 8.5 cents

(3.44 Ares) of land, the title of which was acquired by him as

per registered settlement deed No. P3/840/1/2012 of SRO,

Nellayi. The property originally belonged to the petitioner's

grandfather who died intestate on 04.09.1998. After division of

the property among the legal heirs, the balance property is lying

contiguous to the petitioner's land. In order to avoid

controversies in future, the petitioner submitted Ext. P5

application under Form No. 10 of the Survey Manual, requesting

to measure and demarcate his property and the common

property.

2. The limited relief sought herein is the expeditious

consideration of Ext. P5 application. W.P.(C). 21574/2022

3. Learned Government Pleader submits that a

reasonable time should be granted to the survey authorities for

conducting survey and demarcation.

Accordingly, the writ petition is disposed of directing

the 1st respondent to consider Ext. P5 application and take

appropriate action thereon within four months of receipt of a

copy of this judgment.

Sd/-

V.G.ARUN JUDGE

sb W.P.(C). 21574/2022

APPENDIX

PETITIONER EXTS:

EXT. P1 : TRUE COPY OF THE REGISTERED SETTLEMENT DEED NO. P3/840/1/2012 OF SRO NELLAYI DATED 18/2/2012 IN FAVOUR OF THE PETITIONER.

EXT. P2 : TRUE COPY OF THE TAX RECEIPT DATED 29.6.2021 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

EXT. P3 : TRUE COPY OF THE DEATH CERTIFICATE DATED 11.9.1998 ISSUED BY THE PUDUKKAL GRAMA PANCHAYATH.

EXT. P4 : TRUE COPY OF THE TITLE DEED NO. 3290/1965 DATED 1.12.1965 OF SRO NELLAYI.

EXT. P5 : TRUE COPY OF THE FORM NO. 10 APPLICATION DATED 20.4.2022 UNDER SURVEY AND BOUNDARIES ACT.

EXT. P6 : TRUE COPY OF THE LETTER DATED 20.4.2022 ISSUED BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT.

EXT. P7 : TRUE COPY OF THE REPORT DATED 21.4.2022 SUBMITTED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT.

EXT. P8 : TRUE COPY OF THE RECEIPT DATED 21.4.2022 ISSUED BY THE 3RD RESPONDENT.