Asma.U.K vs District Collector
2023 Latest Caselaw 4654 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. 13280 OF 2023
PETITIONER/S:

          ASMA.U.K., AGED 45 YEARS
          D/O. MOHAMMED HAJI, FATHIMA BHAVAN, POOKKATTA, P.O.
          KIDOOR, (VIA) KUMBLA, MANJESHWAR TALUK,
          KASARAGOD DISTRICT - 671 321.
          BY ADVS.
          PUSHPARAJAN KODOTH
          K.JAYESH MOHANKUMAR
          VANDANA MENON
          VIMAL VIJAY


RESPONDENT/S:

    1     DISTRICT COLLECTOR, KASARAGOD, CIVIL STATION,
          VIDHYANAGAR, KASARAGOD - 671 123.
    2     SUPERINTENDENT OF SURVEY AND LAND RECORDS
          KASARAGOD, CIVIL STATION, VIDHYANAGAR,
          KASARAGOD - 671 123.
    3     THE TALUK SURVEYOR, TALUK OFFICE, MANAJESHWARAM,
           KASARAGODE DISTRICT, PIN - 671 321.
    4     THE TAHSILDAR (LAND RECORDS), MANJESHAR TALUK,
          KASARAGOD DISTRICT, PIN - 671 321
    5     VILLLAGE OFFICER, BOMBRANA GROUP, UJARULVAR VILLAGE,
          MANJESHWAR TALUK, KASARAGOD DISTRICT - 671 321.,
          BY ADV GOVERNMENT PLEADER




          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. 13280 OF 2023                       2



                                        JUDGMENT

Being aggrieved by Ext.P7 survey report of the 3 rd respondent,

petitioner has preferred Ext.P8 appeal under Section 11 of the Survey

and Boundaries Act, 1961 before the 2nd respondent. Learned counsel

appearing for the petitioner submits that the survey [as can be seen

from Ext.P7] was conducted without notice to the petitioner. Learned

counsel appearing for the petitioner prays that the 2 nd respondent may

be directed to consider and pass orders on Ext.P8 appeal, within a time

frame to be fixed by this Court. It is submitted that the though the

appeal was filed in the month of December, 2021, no orders have been

passed on the appeal till date.

2. Heard the learned Senior Government Pleader also.

3. Having regard to the facts and circumstances of the case

and considering the limited nature of relief sought for in the writ

petition, the writ petition will stand disposed of, directing the 2 nd

respondent to consider and pass orders on Ext.P8 appeal, in accordance

with law, after affording an opportunity of hearing to the petitioner,

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

copy of this judgment.

The writ petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE ajt

APPENDIX OF WP(C) 13280/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED NO. 786/1992 OF S.R.O., BADIYADUKA DATED 04.03.1992. Exhibit P2 TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER TO 1ST RESPONDENT DATED 15.02.2021.

Exhibit P3 TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER TO 4TH RESPONDENT DATED 15.02.2021.

Exhibit P4 TRUE COPY OF THE EYE SKETCH PREPARED BY THE 5TH RESPONDENT DATED 18.02.2021 SHOWING THE EXTENT OF PROPERTY IN R.S. NO. 39/2 OF UJARULVAR VILLAGE IS AN EXTENT OF 96 CENTS. Exhibit P5 TRUE COPY OF THE FORM 10 APPLICATION SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT DATED 03.03.2021.

Exhibit P6 TRUE COPY OF THE REQUEST SUBMITTED BY THE 5TH RESPONDENT TO THE 4TH RESPONDENT DATED 03.03.2021.

Exhibit P7 TRUE COPY OF THE REPORT OF THE 3RD RESPONDENT OBTAINED BY THE PETITIONER DATED 01.12.2021 UNDER THE RIGHT TO INFORMATION ACT, 2005. Exhibit P8 TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 20.12.2021.