Krishnanunny vs District Survey Superintendent
2023 Latest Caselaw 4568 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
    WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                       WP(C) NO. 13488 OF 2023
PETITIONER:

          KRISHNANUNNY,
          AGED 67 YEARS,
          PANDYAT HOUSE, MINALOOR POST,
          THRISSUR DISTRICT-680 581.

          BY ADVS.
          C.A.JOJO
          SWATHY S.


RESPONDENTS:

    1     DISTRICT SURVEY SUPERINTENDENT,
          OFFICE OF THRISSUR DISTRICT SURVEY SUPERINTENDENT,
          COLLECTORATE, AYYANTHOL P.O, THRISSUR-680 003.
    2     THE SECRETARY,
          WADAKKANCHERY MUNICIPALITY,
          WADAKKANCHERY P.O, THRISSUR-680582.
    3     ASSISTANT EXECUTIVE ENGINEER,
          WADAKKANCHERY ROADS SUB-DIVISION THALAPPILLY,
          WADAKKANCHERY P.O, THRISSUR-680582.
    4     THE VILLAGE OFFICER,
          MINALUR VILLAGE, MINALUR P.O,
          WADAKKANCHERY, THRISSUR DISTRICT-680581.


          SRI. BIMAL K NATH (SR GP)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13488 OF 2023
                                  2


                            JUDGMENT

The petitioner has approached this Court being aggrieved by

the fact that following re-survey proceedings, the petitioner has

been found in possession of some 'puramboke' land, as a result of

which, certain constructions effected by the petitioner have been

ordered to be demolished. The petitioner had therefore approached

the District Survey Superintendent through Ext.P7 and had also

filed Ext.P11 before the same authority. The petitioner prays that

further proceedings against the petitioner on the basis of a re-survey

conducted may be kept in abeyance till Exts.P7 and P11 are

considered and disposed of by the 1st respondent.

2. The learned Senior Government Pleader would submit

that while the District Survey Superintendent exercises appellate

powers against re-survey proceedings, any complaint regarding re-

survey has to be first taken up before the concerned Tahsildar (Land

Records) and the petitioner may be directed to submit Exts.P7 and

P11 before the Tahsildar (Land Records) for consideration of the

grievance raised by the petitioner. It is submitted that the

competent authority is the Tahsildar (Land Records), Thalappilly

Taluk.

WP(C) NO. 13488 OF 2023

Having heard the submissions of the learned counsel for the

petitioner and the learned Senior Government Pleader appearing

for the respondents, this writ petition will stand disposed of

directing that if the petitioner produces a copy of this writ petition

including Exts.P7 and P11 before the Tahsildar (Land Records),

Thalappilly Taluk, the said Officer shall consider the grievance

raised by the petitioner and take a decision on Exts.P7 and P11,

within a period of three months from the date of receipt of a

certified copy of this judgment. Till such time as Exts.P7 and P11

are considered and disposed of by the Tahsildar (Land Records),

Thalappilly Taluk as directed above, further proceedings pursuant

to Ext.P6 shall be kept in abeyance.

The writ petition will stand disposed of as above.

Sd/-

GOPINATH P.

JUDGE DK WP(C) NO. 13488 OF 2023

APPENDIX OF WP(C) 13488/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE DEED NO.2482/1/15 REGISTERED AT WADAKKANCHERY SUB-

REGISTRAR OFFICE DATED 08.07.2015 Exhibit P2 A TRUE COPY OF THE ACKNOWLEDGMENT ISSUED BY THE MINALLUR VILLAGE OFFICER DATED 04.11.2013 Exhibit P3 A TRUE COPY OF THE TAX RECEIPT ISSUED BY 4TH THE RESPONDENT DATED 12.05.2022 IN THE NAME OF PETITIONER Exhibit P4 A TRUE COPY OF THE BUILDING TAX PAID TO THE 2ND RESPONDENT DATES 15.7.2022 Exhibit P5 A TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE 4TH RESPONDENT TO THE PREVIOUS OWNER ADV.A.I. THOMAS DATED 01.7.2015 Exhibit P6 A TRUE COPY OF THE NOTICE NO.W-025/2018 DARED 27.08.2022 ISSUED BY THE 3RD RESPONDENT Exhibit P7 A TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE 1ST RESPONDENT ALONG WITH ACKNOWLEDGMENT DATED 09.03.2023 Exhibit P8 A TRUE COPY OF THE ACKNOWLEDGMENT OF THE COMPLAINT ISSUED BY THE 3RD RESPONDENT DATED 29.08.2022 Exhibit P9 TRUE COPIES OF THE PHOTOGRAPHS TO SHOW THE PRESENT POSITION OF THE ROAD AND THE SHOP ROOMS OF THE PETITIONER Exhibit P10 A TRUE COPY OF THE SKETCH TO SHOW THE PRESENT POSITION OF THE ROAD AND THE SHOP ROOMS OF THE PETITIONER Exhibit P11 A TRUE COPY OF THE COMPLAINT BEFORE THE 1ST RESPONDENT DATED 22.03.2023 Exhibit P12 A TRUE COPY OF THE COMPLAINT BEFORE THE 3RD RESPONDENT DATED 22.03.2023