Brijita Joseph vs The District Collector
2022 Latest Caselaw 3220 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 18TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943
                       WP(C) NO. 17489 OF 2020
PETITIONERS:

    1     BRIJITA JOSEPH, AGED 87 YEARS,
          W/O.JOSEPH, KATTAMKOTTIL HOUSE, PUTHOOR KARA,
          AYAVANA PANCHAYATH, ENANALLOOR VILLAGE, MUVATTUPUZHA
          TALUK, ERNAKULAM DISTRICT, PIN-686 668.

    2     SABU JOSEPH, AGED 59 YEARS,
          S/O.JOSEPH, KATTAMKOTTIL HOUSE, PUTHOOR KARA, AYAVANA
          PANCHAYATH, ENANALLOOR VILLAGE, MUVATTUPUZHA TALUK,
          ERNAKULAM DISTRICT, PIN-686 668.

    3     GIGI JOSEPH, AGED 45 YEARS, S/O.JOSEPH,
          KARACHAKITTUKUDIYIL HOUSE, AYAVANA PANCHAYATH,
          ENANALLOOR VILLAGE, MUVATTUPUZHA TALUK,
          ERNAKULAM DISTRICT, PIN-686 668.

          BY ADV.SRI. ALIAS M.CHERIAN


RESPONDENTS:

    1     THE DISTRICT COLLECTOR, ERNAKULAM DISTRICT, CIVIL
          STATION, KAKKANAD, ERNAKULAM-682 030.

    2     THE TASILDHAR (SURVEY), TALUK OFFICE MUVATTUPUZHA,
          ERNAKULAM DISTRICT PIN-686 669.

    3     THE TALUK SURVEYOR, TALUK OFFICE, MUVATTUPUZHA,
          ERNAKULAM DISTRICT, PIN-686 669.

    4     THE VILLAGE OFFICER, ERNANALLOOR VILLAGE,
          ERNANALLOOR P.O., MUVATTUPUZHA TALUK, ERNAKULAM
          DISTRICT, PIN-686 668.

    5     THE VILLAGE OFFICER, KALLOORKAD VILLAGE, MUVATTUPUZHA
          TALUK, ERNAKULAM DISTRICT, PIN-686 668.

          SMT.K.AMMINIKUTTY, SR.GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17489 OF 2020
                                  -2-

                              JUDGMENT

The petitioners have approached this Court

seeking a direction to respondents 2 and 3 to

issue a survey plan as requested in Ext.P7

application.

2. The afore request of the petitioners was

opposed by the learned Senior Government Pleader -

Smt.K.Amminikutty, saying that petitioners

themselves have approached the competent Civil

Court with respect to the same property.

3. Sri.Alias M.Cherian - learned counsel for

the petitioners, affirmed that his clients have

filed a suit; but argued that, in spite of this,

respondents 2 and 3 are obligated to give them

survey plan of the property in question since, in

a counter affidavit filed before this Court, they

concede that the road is in existence.

4. I am afraid that I cannot find favour with

the submissions of Sri.Alias M.Cherian, because: WP(C) NO. 17489 OF 2020

for one, this Court cannot enter into the merits

of the rival contentions of the parties when a

civil suit is pending; and for the second, even if

there is any such road, it is for the Civil Court

to make sufficient provisions relating to the

same, for which purpose, the petitioners can

certainly invoke its jurisdiction to obtain a

survey report as per the provisions of the Code of

Civil Procedure (CPC), or such other applicable

Statutes.

5. I, therefore, fail to understand why the

petitioners have approached this Court since they

obtain a remedy to approach the Civil Court to

have the survey plan, subject, of course, to the

contentions of the rival parties.

In the afore circumstances and with the afore

clarification, I close this writ petition;

however, leaving full liberty to the petitioners

to approach the Civil Court - before which the WP(C) NO. 17489 OF 2020

suit is pending - for appropriate orders, which

shall be considered on its merits de hors these

proceedings.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 17489 OF 2020

APPENDIX OF WP(C) 17489/2020

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS NO.SR.437/73/MVP DATED 8/3/1979 BY THE TALUK LAND BOARD, MUVATTUPUZHA.

EXHIBIT P2 TRUE COPY OF SURVEY PLAN SHOWING THE PROPERTIES

EXHIBIT P3 TRUE COPY OF THE PLAINT IN OS NO.110/2020 ON THE FILE OF MUNSIFF COURT, MUVATTUPUZHA.

EXHIBIT P4 TRUE COPY OF THE COMMISSION REPORT DATED 25/5/20 FILED IN OS NO.110/2020

EXHIBIT P5 TRUE COPY OF THE ORDER DATED 29/5/20 IN IA.NO.1/2020 IN OS NO.110/2020.

EXHIBIT P6 TRUE COPY OF THE AGREEMENT DATED 6/01/20 EXECUTED BETWEEN THE PETITIONERS.

EXHIBIT P7 TRUE COPY OF APPLICATION DATED 18/02/20 SUBMITTED BEFORE THE 2ND RESPONDENT/TAHSILDAR.

EXHIBIT P8 TRUE COPY OF THE REPORT NO.80/20 DATED 5/3/20 SUBMITTED BY VILLAGE OFFICER, ENANALLOOR.

EXHIBIT P9 TRUE COPY OF THE PROCEEDINGS NO.C4-2225/20 DATED 11/03/20 OF THE 2ND RESPONDENT.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE