Muraleedhara Babu , @ ... vs Taluk Surveyor
2023 Latest Caselaw 7664 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
        FRIDAY, THE 14TH DAY OF JULY 2023 / 23RD ASHADHA, 1945
                        WP(C) NO. 18245 OF 2023
PETITIONER/S:

            MURALEEDHARA BABU @ MURALEEDHARAN,
            AGED 67 YEARS
            S/O KUNJAN PARAMESWARAN(LATE)
            VISHNUBHAVAN, KELTRON ROAD,
            AROOR, CHERTHALA, ALAPPUZHA DISTRICT,
            PIN - 688524
            BY ADV P.K.PAMALA
RESPONDENT/S:

    1       TALUK SURVEYOR,
            TALUK OFFICE, CHERTHALA
            ALAPPUZHA DISTRICT, PIN - 688524
    2       SPECIAL THAHSILDAR
            LAND ACQUISITION (LA),
            RAILWAY, GOVERNMENT OFFICE
            ALAPPUZHA, KERALA, PIN - 688001
    3       SPECIAL DEPUTY THAHSILDAR
            CHERTHALA, ALAPPUZHA DISTRICT,
            PIN - 688531
    4       THE STATION HOUSE OFFICER
            AROOR POLICE STATION,
            CHANDIROOR P.O CHERTHALA,
            ALAPPUZHA, PIN - 688537
    5       * ADDL.R5
            THE TAHSILDAR (LR),
            CHERTHALA PIN - 688524

            ADDL. R5 IS IMPLEADED AS PER ORDER DATED 12.06.2023 IN
            IA-1/2023 IN WP(C) N0. 18245/2023.
            BY ADVS.
            GOVERNMENT PLEADER
            P.K.PAMALA
            SMT.PREETHA K.K, SR.GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.18245 of 2023

                                        2



                               JUDGMENT

The petitioner claims to be in ownership and

possession of 6 Ares and 74 square meter of land comprised in

Sy.No.39/16BA of Aroor Village in terms of Ext.P2 will

registered at SRO, Kuthiathode.

2. According to the petitioner, the property is being

acquired by the southern railway and when the property was

measured, it was noticed that there was a reduction in about 6

cents of land. It is submitted that the petitioner has, therefore,

filed an application in Form No.10 of the Survey and Boundaries

Rules before the fifth respondent and the fifth respondent may

be directed to dispose of that application within a time frame to

be fixed by this Court. It is submitted that, if the compensation

payable to the petitioner is fixed on the basis of the reduced

extent, the petitioner will be put to serious injury, prejudice and

hardship.

3. The learned Government Pleader submits that

there is no objection in a direction being issued to the fifth

respondent to consider Ext.P5 application within a time frame. WPC No.18245 of 2023

However, it is pointed out that Ext.P5 application has been filed

only on 07.06.2023 and therefore, some reasonable time may be

required for the fifth respondent to complete the proceedings on

Ext.P5.

Having heard the learned counsel appearing for the

petitioner and the learned Government Pleader and considering

the urgency expressed by the learned counsel appearing for the

petitioner, the writ petition will stand disposed of directing the

fifth respondent to take up Ext.P5 application for consideration

and take necessary steps to complete the survey and

demarcation within a period of three months from the date of

receipt of a certified copy of this judgment. At the cost of the

petitioner a sketch of the survey shall also be provided to the

petitioner. If any police assistance is required to complete the

survey proceedings, it is open to the fifth respondent to seek

such police assistance.

The writ petition is disposed of as above.

Sd/-

GOPINATH P., JUDGE rkj WPC No.18245 of 2023

APPENDIX OF WP(C) 18245/2023

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE AADHAR CARD TO PROVE THE ADDRESS OF PETITIONER Exhibit -P2 THE TRUE CERTIFIED COPY OF THE WILL NO.3-

11 DATED 25.03.1992 Exhibit P3 THE TRUE COPY OF THE LAND TAX RECEIPT DATED 19.01.2023 Exhibit P4 THE TRUE COPY OF THE LETTER DATED 29.05.2023 SENT TO THE RESPONDENT TALUK SURVEYOR Exhibit P5 THE TRUE COPY OF THE FORM NO 10 APPLICATION DATED 07/06/2023 SENT TO THE RESPONDENT TAHSILDAR LR(ADDL.DOCUMENT AS PER ORDER DATED 12.06.2023 IN I.A.NO.2/2023)