Jayaseelan vs Tahasildar (Land Records)
2022 Latest Caselaw 3665 Ker

              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. 7815 OF 2022
PETITIONER:

             JAYASEELAN
             AGED 70 YEARS
             S/O. RAVEENDRAN, R/O.183, MANGALASERIL VEEDU,
             KALAYANAD, VALACODE, PUNALUR TALUK, KOLLAM - 691331.

             BY ADVS.
             HARIKRISHNAN M.S.
             K.DHRUV KUMAR
             SHAKTHI PRAKASH



RESPONDENTS:

      1      TAHASILDAR (LAND RECORDS)
             SURVEY DEPARTMENT, PUNALUR TALUK, TALUK OFFICE,
             PUNALUR P.O, KOLLAM - 691305.

      2      TALUK SURVEYOR
             PUNALUR TALUK, TALUK OFFICE, PUNALUR P.O, KOLLAM -
             691305.


OTHER PRESENT:

           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:
 WP(C) NO. 7815 OF 2022            2

                           JUDGMENT

The sole prayer of the petitioner in this writ

petition is that respondents be directed to survey

and demarcate the boundaries of his property, the

details of which have been averred in this writ

petition, within a time frame to be fixed by this

Court.

2. The afore request of Shri.M.S.Shakthi Prakash

- learned counsel for the petitioner, were, however,

opposed by the learned Senior Government Pleader -

Smt.K.Amminikutty, saying that, as is evident from

Ext.P16, a person has objected to the action

requested; and added that if this Court is still

inclined to grant relief to the petitioner, then the

objector may also be allowed to be heard.

3. In reply, Shri.M.S.Shakthi Prakash - learned

counsel for the petitioner submitted that the person

mentioned in Ext.P16 is now no more and therefore,

that no purpose will be served in issuing notice to

him.

4. Even when I hear Shri.M.S.Shakthi Prakash on

the afore lines, the fact remains that when an

objection is raised by any person, attempt should

certainly be made by the competent Authority to hear

him before proceeding further.

In the afore perspective, I order this writ

petition and direct the 1st respondent to take up

Ext.P3 application of the petitioner and dispose it

of, after affording him, as well as any objector

including the person mentioned in Ext.P16; thus

culminating in an appropriate order and necessary

action thereon, as expeditiously as is possible, but

not later than four months from the date of receipt

of a copy of this judgment.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/24.3

APPENDIX OF WP(C) 7815/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF SETTLEMENT DEED BEARING NO.

677/1989 OF PUNALUR S.R.O.

Exhibit P2 TRUE COPY OF THE LOCATION CERTIFICATE AND LOCATION SKETCH PREPARED BY THE VILLAGE OFFICER, THENMALA.

Exhibit P3 TRUE COPY OF APPLICATION DATED 28.12.2017 SUBMITTED BEFORE THE 1ST RESPONDENT.

Exhibit P4 TRUE COPY OF THE LETTER DATED 08.02.2019 RECEIVED FROM THE 1ST RESPONDENT ON 16.02.2019.

Exhibit P5 TRUE COPY OF THE LETTER DATED 19.02.2019 SUBMITTED BY THE PETITIONER.

Exhibit P6 TRUE COPY OF THE REPORT OF THE 2ND RESPONDENT DATED 18.06.2019.

Exhibit P7 TRUE COPY OF THE REPORT DATED 28.12.2019 SUBMITTED BY THE 2ND RESPONDENT.

Exhibit P8 TRUE COPY OF THE APPLICATION DATED 04.02.2020 SUBMITTED BY THE PETITIONER.

Exhibit P9 TRUE COPY OF THE INTIMATION DATED 07.05.2020.

Exhibit P10 TRUE COPY OF THE RTI APPLICATION DATED 18.05.2020 SUBMITTED BY THE PETITIONER.

Exhibit P11 TRUE COPY OF THE LETTER DATED 28.05.2020 RECEIVED FROM THE PUBLIC INFORMATION OFFICER, TALUK OFFICE PUNALUR.

Exhibit P12 TRUE COPY OF THE REPRESENTATION DATED 01.07.2020.

Exhibit P13 TRUE COPY OF THE PETITION PREFERRED BY THE PETITIONER DATED 25.03.2021.

Exhibit P14 TRUE COPY OF THE LETTER DATED 06.07.2021 RECEIVED FROM THE 1ST RESPONDENT.

Exhibit P15 TRUE COPY OF THE REPLY DATED 19.07.2021 SUBMITTED BY THE PETITIONER.

Exhibit P16 TRUE COPY OF THE LETTER DATED 04.10.2021 RECEIVED FROM THE 1ST RESPONDENT.

Exhibit P17 TRUE COPY OF THE LAND TAX RECEIPT DATED 09.10.2020.