Baby Peter Alias Philomena vs District Collector, Ernakulam
2023 Latest Caselaw 4976 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
    THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
                        WP(C) NO. 9940 OF 2023
PETITIONERS:

    1     BABY PETER ALIAS PHILOMENA
          AGED ABOUT 75 YEARS, W/O. LATE K.T.PETER,
          KUNNUKKASSERIL HOUSE, OPP. KAIRALI APARTMENTS,
          PANAMPILLY NAGAR P.O., ERNAKULAM, PIN - 682 036.

    2     IWIN ANTONY
          AGED ABOUT 47 YEARS
          KUNNUKKASSERIL HOUSE, OPP. KAIRALI APARTMENTS,
          PANAMPILLY NAGAR P.O., ERNAKULAM, PIN - 682 036.

    3     EDWARD THOMAS CLEMENT
          AGED ABOUT 55 YEARS,
          KUNNUKUKKASSERIL HOUSE, VIDYA NAGAR, KADAVANTHARA,
          ERNAKULAM, PIN - 682 020.

    4     STELLA MARY AKA BEENA
          AGED ABOUT 53 YEARS
          KATTUMPURATH HOUSE, 16TH CROSS ROAD, KIZHAVANA ROAD,
          PANAMPILLY NAGAR P.O., PIN - 682 036.

    5     JOSEPH BARRIED ALIAS SHAJI
          AGED ABOUT 48 YEARS,
          KUNNUKKASSERIL HOUSE, OPP. KAIRALI APARTMENTS,
          PANAMPILLY NAGAR PO, ERNAKULAM, PIN - 682 036.

          BY ADVS.
                    RAJESH VIJAYENDRAN
                    ASOK CHACKO THOMAS
                    SIDHIQUL AKBAR K.A.


RESPONDENTS:

    1     DISTRICT COLLECTOR, ERNAKULAM
          COLLECTORATE, CIVIL STATION, KAKKANAD P.O.,
          ERNAKULAM, PIN - 682 030.

    2     TAHASILDAR (LAND RECORDS)
          KANAYANNUR TALUK, PARK AVENUE,
          OPPOSITE SUBHASH PARK, NEAR MAHARAJAS COLLEGE,
          ERNAKULAM, KERALA, PIN - 682 011.
 WP(C) NO. 9940 OF 2023                  2


     3      VILLAGE OFFICER
            KUMBALAM VILLAGE OFFICE, PANANGAD P.O.,
            ERNAKULAM, PIN - 682 506.

     4      TALUK SURVEYOR - KANAYANNUR TALUK
            PARK AVENUE, OPPOSITE SUBHASH PARK,
            NEAR MAHARAJAS COLLEGE, ERNAKULAM,
            KERALA, PIN - 682 011.

     5      ADDITIONAL TAHSILDAR - KANAYANNUR TALUK
            PARK AVENUE, OPPOSITE SUBHASH PARK,
            NEAR MAHARAJAS COLLEGE, ERNAKULAM,
            KERALA, PIN - 682 011.

     6      HEAD SURVEYOR - KANNAYANUR TALUK
            PARK AVENUE, OPPOSITE SUBHASH PARK,
            NEAR MAHARAJAS COLLEGE, ERNAKULAM,
            KERALA, PIN - 682 011.

     7      P.J. ANTONY
            S/O.AUGUSTINE JOSEPH,
            MALAMKUZHIYIL HOUSE, PALAPARAMBIL, PANANGAD,
            ERNAKULAM, PIN - 682 506.

     8      P.J. MARTIN
            AGED ABOUT 46 YEARS, S/O. AUGUSTINE JOSEPH,
            MALAMKUZHIYIL HOUSE, PALAPARAMBIL, PANANGAD,
            ERNAKULAM, PIN - 682 506.

     9      THE SUB-REGISTRAR
            MARADU SUB REGISTRATION OFFICE, MARADU,
            ERNAKULAM, PIN - 682 304.

            BY ADV. SRI.BIMAL K. NATH (SR.GP)


     THIS   WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
13.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 9940 OF 2023            3




                           JUDGMENT

Petitioners have approached this Court seeking a

limited relief. They pray that Ext.P14 application filed

by the 1st petitioner under Section 13A of the Kerala

Survey and Boundaries Act, 1961, be considered and

disposed of by the 1st respondent, within a time frame to

be fixed by this Court.

2. The learned Senior Government Pleader

submits that there is no objection in such a direction

being issued to the 1st respondent.

Accordingly, this writ petition will stand disposed of

directing the 1st respondent to consider and pass orders

on Ext.P14 application filed by the 1 st petitioner under

Section 13 A of the Kerala Survey and Boundaries Act,

1961, within a period of three months from the date of

receipt of a certified copy of this judgment.

Sd/-

GOPINATH P.

JUDGE ats

APPENDIX OF WP(C) 9940/2023

PETITIONERS' EXHIBITS Exhibit - P1 TRUE COPY OF THE PARTITION DEED DATED 14-03-1978, BEARING DOC NO. 876/1978 OF ERNAKULAM SUB REGISTRY

Exhibit - P2 TRUE COPY OF THE ORDER DATED 28-10-1976 OF THE SPECIAL TAHSILDAR (LR) NO.I, ERNAKULAM

Exhibit - P3 TRUE COPY OF THE KUDIKEDAPPU CERTIFICATE DATED 21-03-1977

Exhibit - P4 TRUE COPY OF THE PARTITION DEED DATED 23-11-2002, BEARING DOC NO. 4342/2002 OF MARADU SUB REGISTRY

Exhibit - P5 TRUE COPY OF CERTIFIED COPY OF PARTITION DEED DATED 14-12-2004, BEARING DOC. NO. 6373/2004 OF MARADU SUB REGISTRY

Exhibit - P6 TRUE COPY OF THE REPORT BEARING NUMBER S1-17423/11 DATED NIL OF THE TALUK SURVEYOR, KANAYANNUR

Exhibit - P7 TRUE COPY OF THE APPLICATION U/S 13A OF SURVEY AND BOUNDARIES ACT, 1961 FILED BEFORE THE 1ST RESPONDENT DATED 08.08.2014

Exhibit - P8 TRUE COPY OF THE REPORT SUBMITTED BY THE 3RD RESPONDENT, VILLAGE OFFICER-KUMBALAM TO THE 5TH RESPONDENT BEARING NUMBER S1-14484/14 DATED NIL

Exhibit - P9 TRUE COPY OF THE REPORT SUBMITTED BY THE 6TH RESPONDENT, HEAD SURVEYOR-KANAYANNUR TALUK TO THE 5TH RESPONDENT BEARING NUMBER S1-14484/14 DATED NIL

Exhibit - P10 TRUE COPY OF THE APPLICATION U/S 13A OF SURVEY AND BOUNDARIES ACT, 1961 FILED BEFORE THE 1ST RESPONDENT DATED 09.04.2019

Exhibit - P11 TRUE COPY OF THE PROCEEDINGS AND ORDER OF THE 2ND RESPONDENT DATED 17.12.2021

Exhibit - P12 TRUE COPY OF THE REPRESENTATION FILED BEFORE THE 2ND RESPONDENT DATED 08.12.2022

Exhibit - P13 TRUE COPY OF THE POSTAL DELIVERY ACKNOWLEDGEMENT DATED 16.12.2022 OF THE REPRESENTATION BEFORE THE 2ND RESPONDENT

Exhibit - P14 TRUE COPY OF THE REPRESENTATION FILED BEFORE THE 1ST RESPONDENT DATED 17.01.2023

Exhibit - P15 TRUE COPY OF THE ACKNOWLEDGEMENT DATED 18-01-2023 ISSUED BY THE OFFICE OF THE 1ST RESPONDENT