V.X. Jacob vs The Taluk Surveyor
2023 Latest Caselaw 2992 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
     MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944
                         WP(C) NO. 8478 OF 2023
PETITIONER/S:

          V.X. JACOB, AGED 69 YEARS
          S/O XAVIER, VALIYAPARAMBIL, MUNDAMVELI P.O,
          KOCHI, PIN - 682507
          BY ADV M.H.HANIS


RESPONDENT/S:

    1     THE TALUK SURVEYOR, KOCHI TALUK OFFICE,
           FORT KOCHI, KOCHI, PIN - 682001
    2     ASSISTANT EXECUTIVE ENGINEER, KOCHI MUNICIPAL
          CORPORATION, ZONAL OFFICE, FORT KOCHI,, PIN - 682001
    3     SINI JOY, W/O P.J.JOY, H.NO.15/670,
          PALLIPARAMBIL HOUSE, MOOLAMKUZHI MURI,
          RAMESWARAM VILLAGE, MUNDEMVELI,, PIN - 682507
    4     P.J.JOY, S/O JOSEPH, H.NO.15/670,
          PALLIPARAMBIL HOUSE, MOOLAMKUZHI MURI,
          RAMESWARAM VILLAGE, MUNDEMVELI,, PIN - 682507



          SRI. BIMAL K NATH (SR GP)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 8478 OF 2023                   2



                                 JUDGMENT

Petitioner, a senior citizen, has approached this Court,

seeking expeditious consideration of Ext.P3 application filed by

the petitioner before the 1st respondent for measurement and

demarcation of the property belonging to the petitioner, left

over after sale of a portion of the property to one P.J. Joy and

Sini Joy (respondent Nos.3 and 4 in the writ petition).

2. Learned Senior Government Pleader submits that,

any application for survey, measurement and demarcation has

to be made in Form No.10 of the Kerala Survey and Boundaries

Rules (hereinafter referred to as 'the Rules') to the Tahsildar

(LR). It is submitted that if the petitioner makes a statutory

application within a period of ten days in Form No.10 of the

Rules before the Tahsildar (LR), Kochi Taluk, action can be taken

on the said application within a time to be fixed by this Court.

3. Having heard the learned counsel appearing for the

petitioner and the learned Senior Government Pleader

appearing for the official respondents, the writ petition will

stand disposed of, directing that if the petitioner makes a

statutory application in Form No.10 of the Rules for survey,

measurement and demarcation of the property of the petitioner,

within a period of ten days from today, the same shall be

considered on its merits by the Tahsildar (LR), Kochi Taluk and

suitable action thereon shall be taken, within a period of four

months from the date of receipt of a certified copy of this

judgment. The said officer shall also issue notice to respondent

Nos.3 and 4 before finalizing the proceedings.

The writ petition is disposed of as above.

sd/-

GOPINATH P.

JUDGE ajt

APPENDIX OF WP(C) 8478/2023

PETITIONER EXHIBITS Exhibit P1 . A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ,DATED 21.02.2022 Exhibit P2 A TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT,DATED 21.02.2022 Exhibit P3 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ,DATED 21.02.2022 Exhibit P4 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE PUBLIC INFORMATION OFFICER OF THE 1ST RESPONDENT'S OFFICE,DATED 11.04.2022 Exhibit P5 A TRUE COPY OF THE REPLY RECEIVED FROM THE PUBLIC INFORMATION OFFICER OF THE 1ST RESPONDENT'S OFFICE ,DATED 22.06.2022