Anver Sadath vs State Of Kerala
2023 Latest Caselaw 7269 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                              &
          THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
  TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945
                   WP(C) NO. 17491 OF 2015
PETITIONER/S:

          ANVER SADATH, AGED 38 YEARS,
          S/O.ABDUL SALAM HASSAN, SALAMS HOUSE, VPS-2TC
          19/2369, VATTAVILLA THIRUMALLA VILLAGE,
          THIRUVANANTHAPURAM REPRESENTED BY HIS POWER OF
          ATTORNEY, SMT.LAKSHMI G., W/O.K.VINURAJ,
          57/2012, KUZHUVELIL HOUSE, LAYAM ROAD,
          ERNAKULAM, KOCHI, PIN-682011.
          BY ADVS.
          SRI.ABRAHAM MATHEW (VETTOOR)
          SRI.SRI.ANIL ABEY JOSE

RESPONDENT/S:

    1     STATE OF KERALA, REPRESENTED BY THE DIRECTOR OF
          SURVEY AND BOUNDARIES, DEPARTMENT OF SURVEY AND
          BOUNDARIES, THIRUVANANTHAPURAM-695001.
    2     THE DISTRICT SUPERINTENDENT OF SURVEY AND
          BOUNDARIES, IDUKKI DISTRICT AT PYNAVU, IDUKKI,
          PIN-685603.
    3     THE TAHSILDAR, UDUMBUNCHOLA AT NEDUMKANDAM,
          IDUKKI DISTRICT, PIN-685551.
    4     THE TALUK SURVEYOR, UDUMBUNCHOLA, IDUKKI
          DISTRICT, PIN-685551.
    5     THE VILLAGE OFFICER, KARUNAPURAM, IDUKKI
          DISTRICT, PIN-685552.

          BY GOVERNMENT PLEADER, SRI.N.RENJITH
     THIS WRIT PETITION     (CIVIL) HAVING COME UP         FOR
ADMISSION ON 27.06.2023,    THE COURT ON THE SAME          DAY
DELIVERED THE FOLLOWING:
 WP(C) No.17491/2015                      2




                                    JUDGMENT

A.Muhamed Mustaque, J.

The petitioner, in this writ petition, questions a

proposed survey conducted by the Taluk Surveyor,

Udumbunchola. The petitioner, admittedly, is in possession

of land purchased from different owners who were issued

with patta. According to the Revenue Authority, the total

extent of the land covered by the patta is only 10.25

Acres. However, the Revenue Authority claims that the

petitioner is in possession of 13.23 Acres of land. The

survey was proposed based on a complaint made by the action

committee. The petitioner questions the survey. It is to

be noted that the land belonging to the petitioner was

originally Government land and the predecessor-in-interests

were issued with pattas. The petitioner submits that

without identifying the land of the predecessors-in-

interest to whom the pattas were issued, the survey cannot

be conducted.

2. The present attempt of the Revenue Authority is

to find out whether any Government land is in the

possession of the petitioner or not. The petitioner cannot

question the exercise now being carried out but certainly

necessary safeguards have to be taken by the Revenue

Authority while conducting such survey. The boundaries of

the pattas will have to be found out to identify the

location of the land. We are not, now, entering into any

controversy or dispute for the reason that the present

issue arose only in the context of the survey. With

liberty to raise all objections in the survey and any

consequential act, we dispose of this writ petition. We make it clear that no coercive steps shall be taken against

the petitioner without serving notice or orders etc.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

SOPHY THOMAS JUDGE ln

APPENDIX OF WP(C) 17491/2015

PETITIONER'S EXHIBITS:

EXT.P1 TRUE COPY OF THE BASIC TAX RECEIPT NO.4111985 DT.18-5-2015.

EXT.P2 TRUE COPY OF THE BASIC TAX RECEIPT NO.4111986 DT.18-5-2015.

EXT.P3 TRUE COPY OF THE POSSESSION CERTIFICATES DT.20-8-2014.

EXT.P4 TRUE COPY OF THE POSSESSION CERTIFICATES DT.20-8-2014.

EXT.P5 TRUE COPY OF THE SKETCH SHOWING THE LIE AND LOCATION OF THE PROPERTIES.

EXT.P6 TRUE COPY OF THE SURRENDER FORM ISSUED BY SRI.K.S.KRISHNAPILLA KALLAMPARAMBIL DT.22-2-1993.

EXT.P7 TRUE COPY OF THE SURRENDER FORM EXECUTED BY SRI.K.K.SASIDHARAN NAIR KALLAMPARAMBIL DT.22-2-1993.

EXT.P8 TRUE COPY OF THE ORDER DT.30-4-2015 PASSED BY THE VACATION JUDGE, THODUPUZHA IN IA 786/2015.

EXT.P9 EXT.P9 : TRUE COPY OF THE JUDGMENT PASSED IN WPC 16568 OF 2015 DT.4-6-2015. EXT.P10 TRUE COPY OF THE NOTICE ISSUED BY R4 DT.4-6-2015.