Thanuja Roshan George vs The District Collector, ...
2023 Latest Caselaw 8223 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
     TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
                        WP(C) NO. 13955 OF 2023
PETITIONER:

          THANUJA ROSHAN GEORGE
          AGED 43 YEARS, W/O. GEORGE OOMMEN, GRACE, PHASE 1-6A,
          MATHER SILVER LAWNS, SANTHI NAGAR, MAROTTICHODU,
          EDAPPALLY., PIN - 682024

          BY ADVS.
          SINU.G.NATH
          PREMANATHAN VADAKUMTHANI


RESPONDENTS:

    1     THE DISTRICT COLLECTOR, ERNAKULAM
          COLLECTORATE, CIVIL STATION, KAKKANADU, ERNAKULAM, PIN
          - 682030

    2     THE TAHSILDAR, KANAYANNUR THALUK
          KANAYANNUR THALUK OFFICE, ERNAKULAM, PIN - 682011

    3     THE VILLAGE OFFICER
          POONITHURA VILLAGE, ROSY BAZAR, S.A. ROAD, VYTTILLA,
          KANAYANNUR THALUK, ERNAKULAM DIST, PIN - 682019

    4     THE SURVEY OFFICER, (THALUK SURVEYOR)
          KANAYANNUR THALUK, ERNAKULAM DIST., PIN - 682011

    5*    THE TAHSILDAR (LR),
          TALUK OFFICE, KANAYANNUR, ERNAKULAM, PIN - 682011.
          *[SUO MOTO IMPLEADED AS ADDL.5TH RESPONDENT AS PER THE
          DIRECTION IN JUDGMENT DATED 01-08-2023 IN W.P (C)
          No.13955/2023]

OTHER PRESENT:

          SMT. PREETHA K K (SR GP)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.13955/2023                           -2-

                                    JUDGMENT

The petitioner has preferred Ext.P4 application in Form 10 of the Kerala Survey and

Boundaries Rules before the 2nd respondent on 31-12-2022. It is the case of the petitioner

that despite providing all the documents requested by the 2 nd respondent for completing

the survey, the survey proceedings have not been so far completed and the boundaries of

the property have not been fixed. It is submitted that the western boundary of the property

is a Government Canal and therefore it is highly necessary that the boundaries be fixed

following an official survey.

2. The learned Government Pleader would submit that the Ext.P4 should be

considered by the Tahsildar (LR), Kanayanoor Taluk, Ernakulam and not by the 2 nd

respondent. It is submitted that there is no objection in such a direction being issued to the

Tahsildar (LR), Kanyanoor Taluk, Ernakulam to take further action within a time limit to

be fixed by this court.

3. Having heard the learned counsel appearing for the petitioners and the

learned Government Pleader, the Tahsildar (LR), Kanayanoor Taluk, Ernakulam is suo

moto impleaded as additional 5th respondent. The additional 5th respondent is directed to

to take necessary action on Ext.P4 application filed by the petitioner in accordance with

the law, without any further delay, at any rate within a period of 4 months from the date of

receipt of a certified copy of this judgment. Since the Tahsildar (LR), Kanayanoor Taluk

was not a party to the writ petition, the petitioner shall produce a copy of the writ petition

and a copy of this judgment to the additional 5th respondent for compliance.

Writ petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE

AMG

APPENDIX OF WP(C) 13955/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT NO:

KL07022001234/2023 DATED 02.02.2023 ISSUED IN THE NAME OF THE PETITIONER.

Exhibit P2 TRUE COPY OF THE POSSESSION CERTIFICATE NO: 387/08 DATED 05.02.2008, IN THE NAME OF THE PETITIONER, ISSUED BY THE VILLAGE OFFICE, POONITHURA.

Exhibit P3 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE NO: 10551 OF 2017 DATED 11.08.2017, CONCERNING THE PETITIONER'S LAND, ISSUED BY S.R.O. MARADU.

Exhibit P4 TRUE COPY OF THE APPLICATION DATED 31/12/2020, SUBMITTED ON 13/01/21 TO THE 3RD RESPONDENT TO CONDUCT SURVEY OF PETITIONER'S LAND.

Exhibit P5 TRUE COPY OF THE ACKNOWLEDGEMENT DATED 13.01.2021 TO EXT P-4 ISSUED BY THE 3RD RESPONDENT.

Exhibit P6 TRUE COPY OF THE NOTICE DATED 04.08.2021 ISSUED BY THE 3RD RESPONDENT INTIMATING OF PROPOSED MEASUREMENT ON 24.08.2021

Exhibit P7 TRUE COPY OF THE FIELD SKETCH NO: 12 OF SURVEY NO:

334/1 OF POONITHURA VILLAGE, OBTAINED FROM THE OFFICE OF THE DISTRICT SURVEY SUPERINTENDENT, COLLECTORATE, KAKKANAD.

Exhibit P8 APPLICATION BEARING NO. S10/17836/2021 DATED 15.09.2021 AND FILED ALONG WITH EXT P-7 ON 11/10/2021.