V.Gopalakrishna Pilla vs State Of Kerala
2022 Latest Caselaw 7297 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
        THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
                       WP(C) NO. 30150 OF 2017


PETITIONERS:

    1       V.GOPALAKRISHNA PILLA (DECEASED)
            S/O VELAYUDHAN PILLAI,
            AGED 87 YEARS, AYYAPPANKUDAM,
            ERATTAKULAM, ALATHUR TALUK, PALAKKAD.

            *SUPPLEMENTAL PETITIONERS IMPLEADED

 ADDL. P2 SARASSAMMA
          AGED 83 YEARS
          W/O.LATE V.GOPALAKRISHNA PILLAI,
          AYYAPPANKUDAM, ERATTAKULAM,
          ALATHUR TALUK, PALAKKAD DISTRICT - 678 541.

 ADDL. P3 ANILKUMAR
          AGED 57 YEARS
          S/O.LATE V.GOPALAKRISHNA PILLAI,
          AYYAPPANKUDAM, ERATTAKULAM,
          ALATHUR TALUK, PALAKKAD DISTRICT - 678 541.

 ADDL. P4 LATHIKA KUMARI
          AGED 54 YEARS
          D/O.LATE V.GOPALAKRISHNA PILLAI,
          AYYAPPANKUDAM, ERATTAKULAM,
          ALATHUR TALUK, PALAKKAD DISTRICT - 678 541.

ADDL. P5    KRISHNAKUMARI
            AGED 58 YEARS,
            D/O.LATE V.GOPALAKRISHNA PILLAI,
            AYYAPPANKUDAM, ERATTAKULAM,
            ALATHUR TALUK, PALAKKAD DISTRICT - 678 541.

ADDL. P6    KUMARI LATHA
            AGED 55 YEARS
            D/O.LATE V.GOPALAKRISHNA PILLAI,
            AYYAPPANKUDAM, ERATTAKULAM,
            ALATHUR TALUK, PALAKKAD DISTRICT - 678 541
 WP(C) NO. 30150 OF 2017
                                       2




             (SUPPLEMENTAL PETITIONERS 2 TO 6 ARE REPRESENTED BY
             THE POWER OF ATTORNEY HOLDER ANEESH M,
             S/O P MADHU ,AGED 35 YEARS,
             RESIDING AT PILAVAZHI HOUSE,
             PIRAYIRI P.O,PALAKKAD TALUK,
             PALAKKAD DISTRICT)

             SUPPLEMENTAL PETITIONERS 2 TO 6 IS IMPLEADED AS PER
             THE ORDER DATED 17/06/2022 IN IA 1/2022

             BY ADVS.
             SRI.K.MOHANAKANNAN
             SMT.A.R.PRAVITHA


RESPONDENTS:

     1       STATE OF KERALA
             REPRESENTED BY SECRETARY TO GOVERNMENT,
             REVENUE DEPARTMENT, GOVERNEMENT SECRETARIAT,
             THIRUVANANTHAPURAM 695001

     2       DISTRICT COLLECTOR
             PALAKKAD-678001

     3       TAHSILDAR
             (LAND REVENUE) TALUK OFFICE, ALATHUR 678541.

     4       VILLAGE OFFICER
             KAVASSERI-1, VILLAGE, KAVASSERY PO,
             ALATHUR, PALAKKAD -678541

     5       KAVASSERY GRAMA PANCHAYAT
             REPRESENTED BY ITS SECRETARY, KAVASSERY P.O,
             ALATHUR, PALAKKAD 678541

             BY ADV SRI.P.R.VENKATESH
             SMT.DEEPA V., GOVERNEMENT PLEADER


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   23.06.2022,   THE   COURT    ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 30150 OF 2017
                                       3



                              T.R. RAVI, J.
               --------------------------------------------
                      W. P. (C). No. 30150 of 2017
                --------------------------------------------
                 Dated this the 23rd day of June, 2022

                                   JUDGMENT

The predecessor in interest of the petitioner had filed Ext.P9 before

the respondents seeking for a survey of the properties belonging to him.

It is submitted that soon after the filing of Ext.P9, the predecessor in

interest of the petitioner died on 20.01.2022. The grievance of the

petitioner is that Ext.P9 is not being proceeded with since the original

petitioner in this writ petition is no more. The legal heirs who have come

on record as supplemental writ petitioners have their rights flowing from

that of the original petitioner. As such, the respondents cannot take a

stand that the survey cannot be conducted.

In the above circumstances, this writ petition is disposed of directing

the 3rd respondent to complete the survey and make necessary corrections

in the re-survey records if required, as requested for in Ext.P9 and as

directed in Exts.P10 & P11 within three months from the date of receipt of

a copy of this judgment. The proceedings will be conducted with notice to

the petitioners and the 5th respondent.

Sd/-

T.R. RAVI JUDGE Pn WP(C) NO. 30150 OF 2017

APPENDIX OF WP(C) 30150/2017

PETITIONERS' EXHIBITS

EXHIBIT P1 TRUE COPY OF THE DOCUMENT NO.1183/1974 OF SRO ALATHUR.

EXHIBIT P2 TRUE COPY OF THE BASIC TAX DATED 21-3-91.

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DISTRICT COLLECTOR.

EXHIBIT P4 TRUE COPY OF THE COMMUNICATION TO THE 5TH RESPONDENT PANCHAYAT DATED 20.04.2015 ISSUED BY THE TALUK SURVEYOR.

EXHIBIT P5 TRUE COPY OF THE COMMUNICATION SENT BY THE 5TH RESPONDENT TO THE 3RD RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE LETTER DATED 27.05.2016 ISSUED BY THE ADDITIONAL TAHSILDAR TO THE 5TH RESPONDENT WITH SKETCH.

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 11.09.2017 LEAVING OUT THE ANNEXURES.

EXHIBIT P8 TRUE COPY OF THE LETTER DATED 27.05.2016 ISSUED BY THE ADDITIONAL TAHSILDAR

Exhibit P9 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE WRIT PETITIONER BEFORE THE RESPONDENTS DATED 10/11/2021 WITHOUT ANNEXURES

Exhibit P10 TRUE COPY OF THE COMMUNICATION OF THE DISTRICT COLLECTOR SENT TO THE 3RD RESPONDENT DATED 27/11/2021 WP(C) NO. 30150 OF 2017

Exhibit P11 TRUE COPY OF THE COMMUNICATION SENT BY THE RE-SURVEY ASSISTANT DIRECTOR TO THE 3RD RESPONDENT DATED 20/12/2021