Kerala High Court
M.J.Abraham vs State Of Kerala on 24 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 24TH DAY OF MARCH 2022 / 3RD CHAITHRA, 1944
WP(C) NO. 10099 OF 2022
PETITIONERS:
1 M.J.ABRAHAM, AGED 73 YEARS, S/O. JOSEPH,
MUTTANCHERIL, VAZHAPPALLY WEST VILLAGE,
CHENGANACHERRY TALUK, KOTTAYAM DISTRICT,
PIN - 686535.
2 THRESSIYAMMA, AGED 69 YEARS
W/O. ABRAHAM M.J, MUTTANCHERIL,
VAZHAPPALLY WEST VILLAGE, CHENGANACHERRY TALUK,
KOTTAYAM DISTRICT, PIN - 686535.
BY ADV R.SANTHOSH BABU
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
GOVERNMENT, DEPARTMENT OF REVENUE AND LAND RECORDS,
GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM - 695001.
2 THE DISTRICT COLLECTOR, KOTTAYAM DISTRICT,
COLLECTORATE, KOTTAYAM, PIN - 686002.
3 SUPERINTENDENT OF SURVEY, DEPARTMENT OF SURVEY
AND LAND RECORDS, KOTTAYAM DISTRICT, COLLECTORATE,
KOTTAYAM, PIN - 686002.
4 TAHSILDAR, CHANGANACHERRY TALUK, TALUK OFFICE,
CHENGANACHERRY, KOTTAYAM - 686101.
5 EXECUTIVE ENGINEER, PWD ROADS DIVISION, PWD OFFICE
COMPLEX, KOTTAYAM - 686001.
6 EXECUTIVE ENGINEER, KSTP DIVISION, KOTTARAKKARA
OFFICE, GOVINDA MANGALAM ROAD, PULAMON P.O,
KOTTARAKKARA - 691506.
7 VILLAGE OFFICER, VAZHAPPALLY WEST, CHANGANACHERRY
TALUK, KOTTAYAM DISTRICT, PIN - 686103.
WPC 10099/22
2
SMT.K.AMMINIKUTTY SR.G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.03.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WPC 10099/22
3
JUDGMENT
The singular plea of the petitioners in this Writ Petition is
that the 2nd respondent - District Collector, be directed to issue
orders on Ext.P5 Revision Petition filed by them under Section
13A of the Kerala Survey and Boundaries Act, within a time
frame to be fixed by this Court.
2. Sri.R.Santhosh Babu - learned counsel for the
petitioners, made an adscititious plea that respondents 5 and 6
be directed not to 'annex' any portion of his clients' property
by widening Thuruthy - Krishnapuram - Kavalam Public Road,
till the aforementioned Revision Petition is disposed of
appropriately.
3. The learned Senior Government Pleader -
Smt.K.Amminikutty, submitted that if the petitioners only
require Ext.P5 Revision Petition to be taken up by the 2 nd
respondent and disposed of in terms of law, there does not
appear to be any legal impediment in doing so; but prayed that
this Court may not make any affirmative declarations on the
WPC 10099/22
entitlement of the petitioners to any relief and leave it to the
competent Authority to take a final decision as per law.
In the afore circumstances, I order this Writ Petition and
direct the 2nd respondent - District Collector to take up Ext.P5
Revision Petition of the petitioners and dispose it of, after
affording them 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
petitioners, status quo shall be maintained by both sides with
respect to the property in question.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
WPC 10099/22
APPENDIX OF WP(C) 10099/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF SALE DEED NO. 1891/1986
IN FAVOUR OF THE 2ND PETITIONER OF THE
SRO CHANGANACHERRY.
Exhibit P1(a) A TRUE COPY OF SALE DEED NO. 1892/1976,
IN THE NAME OF THE 1ST PETITIONER OF
THE SRO CHANGANACHERRY.
Exhibit P2 A TRUE COPY OF THE RECEIPT DATED
10.03.2022.
Exhibit P2(a) A TRUE COPY OF THE RECEIPT DATED
10.03.2022.
Exhibit P3 A TRUE COPY OF THE SURVEY PLAN.
Exhibit P4 A TRUE COPY OF THE SETTLEMENT REGISTER
IN RESPECT OF THE PETITIONER'S PROPERTY
ISSUED FROM THE CENTRAL SURVEY OFFICE,
SURVEY AND LAND RECORDS,
THIRUVANANTHAPURAM ON 15.03.2022.
Exhibit P5 A TRUE COPY OF THE PETITION DATED
10.03.2022 SUBMITTED BEFORE R2.
Exhibit P6 A TRUE COPY OF THE COMPLAINT DATED 10-
03-22 ADDRESSED TO RESPONDENT NO.6.
