Hanna Rock Products Private Ltd vs Tahasildar
2022 Latest Caselaw 5828 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE T.R.RAVI
      TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
                      WP(C) NO. 14644 OF 2022
PETITIONER:

          HANNA ROCK PRODUCTS PRIVATE LTD.,
          EAST MARADY P.O., MUVATTUPUZHA,
          ERNAKULAM, PIN - 686 673
          REPRESENTED BY ITS MANAGING DIRECTOR,
          SHANS PAUL, S/O.PAUL K.VARGHESE,
          AGED 42 YEARS, KOCHUKUIDIYIL HOUSE,
          MARADY, MUVATTUPUZHA, PIN - 686 673.

          BY ADV BIBIN KUMAR


RESPONDENT:

          TAHASILDAR,
          MUVATTUPUZHA TALUK,
          MINI CIVIL STATION,
          MUVATTUPUZHA, PIN - 686 669.



          SRI. BIMAL K. NATH, SR.GP.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14644 OF 2022
                                         2




                                  T.R.RAVI, J.
                        ----------------------------------------
                        WP(C) NO. 14644 OF 2022
                      -------------------------------------------
                  Dated this the 31st .day of May, 2022

                              JUDGMENT

The petitioner has approached this Court praying for a

direction to Issue a writ of mandamus directing the respondents

to measure and demarcate the lands of the petitioner in Survey

No's 80/1A-2, A-3, A-4, A-5 , A-6 , A-7 , A-8 , A-9 , A-10 , A-11 ,

A-12 , A-13 , A-14 , A-15, A-16, A-17, A-18, A-19, A-20,

A-21, A-22, A-23, A-24, A-25, A-26, A-27 in Arakkuzha

Village, as per boundaries in the sale deeds.

2. The grievance of the petitioner is that the authorities are

delaying the demarcation for the reason that a final sketch from

District Survey Superintendent's Office is not available regarding

the area in question. The petitioner relies on the judgment of this

Court in WP(C)No.24944 of 2020 which is produced as Ext.P12

where, in similar circumstances, this Court has directed the

respondents to identify the property on the basis of the title WP(C) NO. 14644 OF 2022

deeds and possession holding that non-availability of the Survey

sketch cannot be a reason for not making demarcation. The

petitioner has submitted Ext.P8 application before the

respondents.

3. In the above circumstances, the writ petition is disposed

of directing the 1st respondent to consider Ext.P8 application and

proceed to identify the land based on the title deeds and other

documents. Necessary orders shall be issued within three months

from the date of receipt of a copy of this judgment.

T.R.RAVI

JUDGE sn WP(C) NO. 14644 OF 2022

APPENDIX OF WP(C) 14644/2022

PETITIONER'S EXHIBITS

Exhibit P1A TRUE COPY OF THE LAND TAX RECEIPT DATED 12/4/2022.

Exhibit P1B TRUE COPY OF THE LAND TAX RECEIPT DATED 12/4/2022.

Exhibit P1C TRUE COPY OF THE LAND TAX RECEIPT DATED 12/4/2022.

Exhibit P1D TRUE COPY OF THE LAND TAX RECEIPT DATED 12/4/2022.

Exhibit P1E TRUE COPY OF THE LAND TAX RECEIPT DATED 12/4/2022.

Exhibit P1F TRUE COPY OF THE LAND TAX RECEIPT DATED 12/4/2022.

Exhibit P1G TRUE COPY OF THE LAND TAX RECEIPT DATED 12/4/2022.

Exhibit P1H TRUE COPY OF THE LAND TAX RECEIPT DATED 12/4/2022.

Exhibit P1I TRUE COPY OF THE LAND TAX RECEIPT DATED 12/4/2022.

Exhibit PIJ TRUE COPY OF THE LAND TAX RECEIPT DATED 12/4/2022.

Exhibit P1K TRUE COPY OF THE LAND TAX RECEIPT DATED 12/4/2022.

Exhibit P2A THE TRUE COPY OF THE POSSESSION CERTIFICATE DATED 15/1/2022 ISSUED FROM THE ARAKKUZHA VILLAGE OFFICE.

WP(C) NO. 14644 OF 2022

Exhibit P2B THE TRUE COPY OF THE POSSESSION CERTIFICATE DATED 15/1/2022 ISSUED FROM THE ARAKKUZHA VILLAGE OFFICE.

Exhibit P2C THE TRUE COPY OF THE POSSESSION DATED 15/1/2022 ISSUED FROM THE CERTIFICATE ARAKKUZHA VILLAGE OFFICE.

Exhibit P2D THE TRUE COPY OF THE POSSESSION DATED 15/1/2022 ISSUED FROM THE ARAKKUZHA VILLAGE OFFICE.

Exhibit P2E THE TRUE COPY OF THE POSSESSION CERTIFICATE DATED 15/1/2022 ISSUED FROM THE ARAKKUZHA VILLAGE OFFICE.

Exhibit P2F THE TRUE COPY OF THE POSSESSION CERTIFICATE DATED 15/1/2022 ISSUED FROM THE ARAKKUZHA VILLAGE OFFICE.

Exhibit P2G THE TRUE COPY OF THE POSSESSION CERTIFICATE DATED 15/1/2022 ISSUED FROM THE ARAKKUZHA VILLAGE OFFICE.

Exhibit P2H THE TRUE COPY OF THE POSSESSION CERTIFICATE DATED 15/1/2022 ISSUED FROM THE ARAKKUZHA VILLAGE OFFICE.

Exhibit P3 THE TRUE COPY OF THE POSSESSION CERTIFICATE DATED 19/1/2022 ISSUED FROM THE ARAKKUZHA VILLAGE OFFICE.

Exhibit P4 THE TRUE COPY OF THE CONSENT LETTER DATED 26/6/2016 ISSUED IN FAVOUR OF PETITIONER.

Exhibit P5A THE TRUE COPY OF THE CONSENT LETTER DATED 6/5/2017 ISSUED IN FAVOUR OF PETITIONER.

Exhibit P5B THE TRUE COPY OF THE CONSENT LETTER DATED 6/5/2017 ISSUED IN FAVOUR OF PETITIONER.

Exhibit P5C THE TRUE COPY OF THE CONSENT LETTER DATED 6/5/2017 ISSUED IN FAVOUR OF PETITIONER. WP(C) NO. 14644 OF 2022

Exhibit P5D THE TRUE COPY OF THE CONSENT LETTER DATED 6/5/2017 ISSUED IN FAVOUR OF PETITIONER.

Exhibit P5E THE TRUE COPY OF THE CONSENT LETTER DATED 6/5/2017 ISSUED IN FAVOUR OF PETITIONER.

Exhibit P6A THE TRUE COPY OF THE LEASE AGREEMENT DATED 16/7/2019 ISSUED IN FAVOUR OF PETITIONER.

Exhibit P6B THE TRUE COPY OF THE LEASE AGREEMENT DATED 16/7/2019 ISSUED IN FAVOUR OF PETITIONER.

Exhibit P7 THE TRUE COPY OF THE CONSENT LETTER DATED 18/3/2022 ISSUED IN FAVOUR OF PETITIONER.

Exhibit P8 TRUE COPY OF THE APPLICATION DATED 22/2/2022 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.

Exhibit P9 TRUE COPY OF THE LETTER HAVING NO F5-

2503/2022 DATED 11/4/2022 ISSUED BY THE RESPONDENT TO THE PETITIONER.

Exhibit P10 A TRUE COPY OF THE JUDGMENT DATED 21/3/2018 IN WP(C) NO 9681/2018.

Exhibit P11 A TRUE COPY OF THE JUDGMENT DATED 18/02/2020 IN WP(C) NO 2709/2020.

Exhibit P12 A TRUE COPY OF THE JUDGMENT DATED 26/11/2020 IN WP(C) NO 24944/2020.

RESPONDENT'S EXHIBITS       :     NIL

                        //TRUE COPY//        PA TO JUDGE