Roy John vs District Collector
2022 Latest Caselaw 7060 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
               THE HONOURABLE MR. JUSTICE T.R.RAVI
  FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
                     WP(C) NO. 16230 OF 2022
PETITIONER:

         ROY JOHN, AGED 56 YEARS,
         S/O LATE T .V JOHN, THARAYIL ROY BHAVAN,
         NEAR SERVICE CO-OPERATIVE BANK,
         PATHANAMTHITTA PIN-689 645.
         BY ADVS.
         JACOB P.ALEX
         JOSEPH P.ALEX
         MANU SANKAR P.
         AMAL AMIR ALI


RESPONDENTS:

    1    DISTRICT COLLECTOR, PATHANAMTHITTA,
         CIVIL STATION, PATHANAMTHITTA, PIN-689645.
    2    REVENUE DIVISIONAL OFFICER, ADOOR, REVENUE
         DIVISIONAL OFFICE, MG ROAD, ADOOR, PIN-691523.
    3    TAHSILDAR, KOZHENCHERRY, MINI CIVIL STATION,
         PATHANAMTHITTA, PIN-689645.
    4    TALUK SURVEYOR, KOZHENCHERRY, MINI CIVIL STATION,
         PATHANAMTHITTA, PIN-689645.
    5    VILLAGE OFFICER, PATHANAMTHITTA VILLAGE, MINI
         CIVIL STATION, PATHANAMTHITTA, PIN-689645.
         SRI. BIMAL K. NATH, SR. GP.



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.06.2022,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P(C) No.16230 of 2022                2




                                 T.R.RAVI, J.
                ------------------------------------------------
                       W.P(C) No.16230 of 2022
              ----------------------------------------------------
              Dated this the 16th day of June, 2022.

                            JUDGMENT

The grievance of the petitioner is that there is a delay in

completing the proceedings to identify and locate the property of

the petitioner and others, covered by Sale Deed No.2559/1116 ME of

Pathanamthitta SRO; Patta No.LA 11/1969 of Tahsildar (LA)

Pathanamthitta and Sale Deed No.2508/1998 of Pathanamthitta

SRO based on possession, boundaries, title documents, revenue

records etc. It is pointed out that in Ext.P2, the first respondent has

already directed the Revenue Divisional Officer to take up the issue

and identify the property and pass orders.

2. The grievance of the petitioner is that even though

Ext.P2 order was issued on 23-03 -2018, the proceedings have not

yet been completed. It is submitted that periodical notices are

issued, however nothing concrete is done.

In the above circumstances, the writ petition is disposed

of directing the second respondent to comply with the directions

contained in Ext.P2 order issued by the first respondent and

proceed to identify the properties in Survey Nos.335/4A1 and

335/4A1-3 of an extent of 14.250 cents with reference to L.A

No.11/69, property in Survey No. 336/1/9 covered by Sale Deed

No.2559/116 ME and the properties covered by Sale Deed

No.2508/1998 of Pathanamthitta SRO based on the title

documents, possession, the basic revenue records and after

conducting a physical inspection of the property with notice to all

persons interested in the subject matter, at the earliest, at any rate

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

judgment.

Sd.-

                                              T.R.RAVI, JUDGE


amk





                      APPENDIX OF WP(C) 16230/2022

PETITIONER'S        EXHIBITS :


Exhibit P1                TRUE COPY OF THE JUDGMENT DATED
                          06.08.2016 IN WPC -31326 OF 2007.
Exhibit P1(A)             TRUE COPY OF THE ADDITIONAL STATEMENT

OF OBJECTION DATED 22.09.2016 FILED BY PETITIONER BEFORE THE 1ST RESPONDENT.

Exhibit P2 TRUE COPY OF THE ORDER BEARING NO.C.3-

33623/2016 DATED 23.03.2018 ISSUED BY THE 1ST RESPONDENT.

Exhibit P3 TRUE COPY OF THE NOTICE BEARING NO.B5/6284/2016 DATED 24.05.2018.

Exhibit P4 TRUE COPY OF THE NOTICE BEARING NO.B5/6284/2016 DATED 16.02.2019.

Exhibit P5 TRUE COPY OF THE NOTICE BEARING NO.A7-

8893/16 DATED 19.09.2019 ISSUED BY THE 4TH RESPONDENT.