N.Ravindran vs State Of Kerala
2023 Latest Caselaw 2970 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
     MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944
                        WP(C) NO. 5977 OF 2023
PETITIONER:

          N.RAVINDRAN,
          AGED 63 YEARS
          S/O. NARAYANAN, RELASH R VILLAI, CHANGANKULANGARA,
          VAVVAKKAVU P.O, OCHIRA, KOLLAM, PIN - 690528
          BY ADVS.
          P.K.BABU
          DIVYA B.NAIR

RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE
          DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
          PIN - 695001
    2     THE TAHSILDAR,
          KARUNAGAPPALLY TALUK OFFICE, KARUNAGAPPALLY, KOLLAM
          DISTRICT, PIN - 690544
    3     THE TAHSILDAR (LAND RECORDS),
          KARUNAGAPPALLY TALUK OFFICE, KARUNAGAPPALLY, KOLLAM
          DISTRICT, PIN - 690544
    4     THE DEPUTY DIRECTOR
          RE-SURVEY DEPARTMENT, CIVIL STATION, VIDYA NAGAR,
          KOLLAM DISTRICT, PIN - 691013
    5     THE VILLAGE OFFICER,
          OCHIRA VILLAGE OFFICE, OCHIRA, KOLLAM DISTRICT, PIN -
          691305
    6     TALUK SURVEYOR,
          KARUNAGAPPALLY TALUK OFFICE, KARUNAGAPPALLY, KOLLAM
          DISTRICT, PIN - 690544


          SMT.DEEPA NARAYANAN, SENIOR GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
  W.P.(C) No.5977 of 2023
                                             2


                                    JUDGMENT

Dated this the 13th day of March, 2023

The writ petition is filed by the petitioner seeking the

following reliefs:

(i)To issue a Writ of certiorari or any other appropriate writ or order or direction calling for records leading to Ext.P5 and quash the same;

(ii) To Issue a Writ of mandamus or any other appropriate writ order or direction directing the 4th Respondent to pass orders or on Ext.P6 application in accordance with law within a time frame to be fixed by this Hon'ble Court.

2. The petitioner is the owner of 6.66 Ares of property in Sy

No.58/1 1-2, 2.43 Ares in Sy No.58/8-2, 10.61 Ares in Sy No.58/1

and 9.62 Ares in Sy No.58/1, Block No.4, Ochira Village,

Karunagappally Taluk, Kollam District. The challenge made in this

writ petition is with respect to a notice issued by the Taluk Surveyor,

Karunagappally Taluk Office, Kollam District - the 6th respondent, as

per the provisions of the survey manual dated 21.01.2023, wherein

petitioner is directed to clear the bushes in the property so as to

carry out survey of the property.

3. When the matter came up for admission, I have directed

the learned Government Pleader to take instructions on the matter. W.P.(C) No.5977 of 2023

Learned Government Pleader submitted that the survey as notified in

Ext.P5 notice has not taken place on 30.01.2023. However, if

directed the survey will be completed within the time frame fixed by

this Court.

4. I heard learned counsel for the petitioner, Sri.P.K. Babu

and learned Senior Government Pleader Smt.Deepa Narayanan, and

perused the pleadings and materials on record.

In my considered opinion mere issuance of a notice under the

Surveys and Boundaries Act or the Survey Manual to measure a

property; cannot be said an order aggrieved by the petitioner. The

said exercise is undertaken by the Survey Authorities in order to

identify as to whether any public property is included in the property

of the petitioner and others. Therefore, it is only appropriate that the

writ petition is disposed of directing the respondents to complete the

survey within a time period fixed by this Court.

In that view of the matter the writ Petition is disposed of

directing respondents 2 to 6 to fianlise the survey as is notified in

the notice dated 21.01.2023 at the earliest, at any rate, within two

months from the date of receipt of a copy of this judgment.

Sd/-

SHAJI P. CHALY

JUDGE AP W.P.(C) No.5977 of 2023

APPENDIX OF WP(C) 5977/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, OCHIRA DATED 09/06/2020 Exhibit P2 TRUE COPY OF THE PHOTOGRAPHS OF PETROLEUM OUTLET AND OTHER SHOPS Exhibit P3 TRUE COPY OF THE BUILDING AGE CERTIFICATE ISSUED BY THE OCHIRA GRAMA PANCHAYAT NO. 5030301/53/2023 DATED 06/02/2023 Exhibit P4 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE OCHIRA VILLAGE OFFICER DATED 06/02/2023 NO.75450732 Exhibit P5 TRUE COPY OF THE NOTICE ISSUED BY THE TALUK SURVEYOR, KARUNAGAPPALLY TALUK DATED 21/01/2023 NO.D1-20839/2017 Exhibit P6 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 14/12/2023