M .K.Mini vs The District Collector
2022 Latest Caselaw 11131 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
SATURDAY, THE 19TH DAY OF NOVEMBER 2022 / 28TH KARTHIKA, 1944
                      WP(C) NO. 25997 OF 2016
PETITIONER:

          M .K.MINI
          D/O KARUNAKARAN, MYTHILEE,
          ELAMADU, KOTTARAKKARA.
          BY ADVS.
          SRI.T.RAJESH
          SRI.JOHN T. SEBASTIAN
          SRI.M.JYOTHISH
          SMT.P.V.SARITHA VENUGOPAL
          BY SRI.BINNY JOSEPH


RESPONDENTS:

    1     THE DISTRICT COLLECTOR,
          KOLLAM DISTRICT, COLLECTORATE,
          KOLLAM 691 013.
    2     ADDITIONAL TAHSILDAR
          KOTTARAKKARA TALUK,
          KOTTARAKKARA 691 531.
    3     THE TALUK SURVEYOR
          KOTTARAKKARA TALUK,
          KOTTARAKKARA 691 531.
    4     THE VILLAGE OFFICER
          ELAMADU, KOTTARAKKARA 691 533.
          BY SRI.SANGEETH C.U., GP

    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
  19.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.25997 of 2016
                                          2




                            MOHAMMED NIAS. C.P.,J
                        ------------------------
                            WP(C).No.25997 of 2016
                         ------------- ----------
                   Dated this the 19th day of November, 2022


                                     JUDGMENT

The writ petition is filed with the following prayers:-

"(i) Call for records in connection with Ext.P3 to P6 quash the same by issuing a writ of certiorari.

(ii) Issue a writ of mandamus compelling the respondents 1 and 2 to conduct a measurement of property by the Taluk Surveyor before finalizing the matter.

(iii) Issue such other order or direction as this Honourable Court deems fit considering the facts and circumstance of the case."

The statement filed on behalf of the second respondent states

that though the petitioner has made an application to survey the land

on 08.08.2016, instructions were given to the petitioner for

submitting an application to survey her land under the provisions of

the Kerala Survey and Boundaries Act (for short 'the Act'). It is stated

that no such application has been preferred by the petitioner till date.

Accordingly, the writ petition is disposed of directing the

petitioner to file an appropriate application before the third

respondent under the provisions of the Kerala Survey and Boundaries

Act to measure her property within a period of one month from today.

If such an application is filed, the third respondent will act on the

same and measure the property in accordance with the provisions of WP(C).No.25997 of 2016

the Act, with notice to the petitioner and any other affected parties, if

any, within a further period of two months from the date of receipt of

a copy of this application and communicate the same to the petitioner.

The writ petition is disposed of accordingly.

Sd/-

MOHAMMED NIAS. C.P., JUDGE

dlk/19.11.2022 WP(C).No.25997 of 2016

APPENDIX OF WP(C) 25997/2016

PETITIONER'S EXHIBITS

EXHIBIT P1 THE COPY OF THE TITLE DOCUMENT NO 379 OF 1990 DATED 17-03- 1990 EXHIBIT P2 THE TRUE COPY OF THE LAND TAX RECEIPT OF PETITIONERS PROPERTY DATED 28-07-2016 EXHIBIT P3 THE TRUE COPY OF THE STOP MEMO ISSUED BY THE 4TH RESPONDENT DATED 21-11-2015 EXHIBIT P4 THE TRUE COPY OF EXHIBIT P3 PETITION HAD BEEN SERVED WITH THE MAHAZAR ANNEXED TO EXHIBIT P3 EXHIBIT P5 THE TRUE COPY OF THE NOTICE DATED 22-01-

EXHIBIT P6 THE TRUE COPY OF THE NOTICE B124270/2015 DATED 24-06-2016 EXHIBIT P7 THE TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER DATED 23-07-2016.