Shaji Madhavan vs Taluk Surveyor
2023 Latest Caselaw 3181 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                   THE HONOURABLE MR. JUSTICE GOPINATH P.
     THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
                           WP(C) NO. 1796 OF 2023
PETITIONER:

            SHAJI MADHAVAN
            AGED 48 YEARS, S/O.MADHAVAN,
            KIZHAKKEKARAVILA HOUSE, KARIPPURAM ,
            MULAVANA, KOLLAM - 691 503.

            BY ADVS.
                       STIYA SIVAN
                       K.R.RENJU
                       ANILA ANTONY
                       ASITHA M.M.


RESPONDENTS:

     1      TALUK SURVEYOR
            TALUK OFFICE, KOLLAM - 691 013.

     2      TAHSILDAR ( LAND RECORDS )
            TALUK OFFICE, KOLLAM - 691 013.

     3      VILLAGE OFFICER
            MULAVANA VILLAGE OFFICE, KUNDARA,
            KOLLAM- 691 501.

            BY ADVS. BIMAL K NATH (SR GP)


     THIS   WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
23.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.1796 OF 2023                    2




                                JUDGMENT

The petitioner has approached this Court seeking a

limited relief. He prays that Ext.P3 application filed by the

petitioner for survey and demarcation of the property, which is

subject matter of that application should be considered by the

2nd respondent, in a proper manner. The learned counsel

appearing for the petitioner would submit that Ext.P3

application, which was submitted on 09-10-2019, was rejected

by Ext.P5, on the ground that there is a boundary dispute

pending in respect of the property and therefore Ext.P3

application cannot be considered.

3. Heard the learned Senior Government Pleader also.

4. Having heard the learned counsel appearing for the

petitioner and the learned Senior Government Pleader

appearing for the respondents, I am of the view that Ext.P5

cannot be sustained. Ext.P3 application filed by the petitioner

is a statutory application filed under the provisions of the

Kerala Survey and Boundaries Rules, 1964. Notwithstanding

the fact that there are boundary disputes, the 2 nd respondent is

bound to carry out the survey measurement as requested for by

the petitioner in Ext.P3.

Accordingly, this writ petition is allowed. Ext.P5 is

quashed and the 2nd respondent is directed to consider Ext.P3

application and take appropriate action to cause survey and

measurement of the property, which is subject matter of

Ext.P3, in accordance with law and after issuing notice to any

affected parties within a period of three months from the date

of receipt of a certified copy of this judgment.

Sd/-

GOPINATH P.

JUDGE ats

APPENDIX OF WP(C) 1796/2023

PETITIONER'S EXHIBITS EXHIBIT P1 A TRUE COPY OF THE SETTLEMENT DEED NO. 205/2011 OF KUNDARA SUB REGISTRAR OFFICE IS PRODUCED

EXHIBIT P2 A TRUE COPY OF THE LAND TAX RECEIPT DATED 20-04-2022 IS PRODUCED

EXHIBIT P3 A TRUE COPY OF THE APPLICATION DATED 09/10/2019 OF THE PETITIONER SUBMITTED TO THE 2ND RESPONDENT IS PRODUCED

EXHIBIT P4 A TRUE COPY OF THE CERTIFICATE DATED 22/12/2022 ISSUED BY THE GRAMA PANCHAYATH KUNDARA TO THE PETITIONER IS PRODUCED

EXHIBIT P5 A TRUE COPY OF THE LETTER DATED 25/10/2022 SENT BY THE 2ND RESPONDENT TO THE PETITIONER IS PRODUCED

EXHIBIT P6 REPORT DATED 20/06/2022 OF THE 1ST RESPONDENT IS PRODUCED

EXHIBIT P7 THE PHOTOS OF THE HOUSE OF THE PETITIONER ARE PRODUCED