Abdul Rahim vs The Secretary To Government
2023 Latest Caselaw 10779 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
                      WP(C) NO.20230 OF 2023
PETITIONER:

            ABDUL RAHIM, AGED 52 YEARS
            S/O.SHAHUL HAMEED, RESIDING AT KUZHIVILA VEEDU,
            PUTHUKULANAGARA, PUTHUKULANGARA.P.O,
            UZHAMALACKAL VILLAGE, NEDUMANGAD,
            THIRUVANANTHAPURAM, PIN - 695541
            BY ADVS.
            M.HEMALATHA
            A.RAHIM


RESPONDENTS:

    1       THE SECRETARY TO GOVERNMENT
            LAND REVENUE DEPARTMENT, SECRETARIAT,
            THIRUVANANTHAPURAM, PIN - 695001
    2       THE TAHSILDAR
            TALUK OFFICE, NEDUMANGAD, NEDUMANGAD.P.O,
            THIRUVANANTHAPURAM, PIN - 695582
    3       UZHAMALAKKAL GRAMA PANCHAYATH, UZHAMALACKAL,
            NEDUMANGAD, THIRUVANANTHAPURAM REPRESENTED BY THE
            SECRETARY, PIN - 695541
    4       THE TALUK SURVEYOR
            TALUK SURVEY OFFICE, NEDUMANGAD, NEDUMANGAD. P.O,
            THIRUVANANTHAPURAM, PIN - 695582
            BY ADVS.SRI.SUMAN CHAKRAVARTHY
                     SRI.BIMAL K.NATH, SR.GOVERNMENT PLEADER



     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   19.10.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO.20230 OF 2023               2




                               JUDGMENT

Petitioner is the owner of an extent of 4

cents of property comprised in Resurvey No.144/11-

4 of Uzhamalakkal Village obtained by virtue of

Ext.P1 Sale Deed. Since the northern boundary of

the petitioner was not fixed, he made Form 10

application before the 2nd respondent, pursuant to

which the property was measured and boundaries

were fixed. The grievance of the petitioner is

that though the property has been measured and

boundaries were fixed, the Taluk Surveyor, the 4th

respondent, has not submitted the plan and sketch

to the 3rd respondent to enable the 3rd respondent

to process the application of the petitioner for

building permit.

2. Heard the learned counsel for the

petitioner, the learned Senior Government Pleader

appearing for respondents 1,2 & 4 and the learned

Standing Counsel appearing for the 3rd respondent

Panchayat.

3. In the facts and circumstances of the case,

there will be a direction to the 4th respondent to

provide the sketch and plan pursuant to the Form

10 application submitted by the petitioner so as

to enable the petitioner to produce the same

before the Panchayat within a period of one month

from the date of receipt of a certified copy of

this judgment.

The writ petition is disposed of as above.

Sd/-

MURALI PURUSHOTHAMAN JUDGE sp/19/10/2023

APPENDIX

PETITIONERS' EXHIBITS:-

EXHIBIT-P1 A TRUE COPY OF THE SALE DEED NO.633 OF 2018 OF ARYANAD SUB REGISTRAR'S OFFICE DATED 28.3.2018 EXHIBIT-P2 A TRUE COPY OF THE TAX RECEIPT DATED 23-05-2023.

EXHIBIT-P3 A TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT DATED 09-11-2022 EXHIBIT-P4 A TRUE COPY OF THE PLAN PREPARED BY THE TALUK SURVEYOR AND APPROVED BY THE SUPERINTENDENT OF SURVEY AND LAND RECORDS DATED 10-02-2023 EXHIBIT-P5 A TRUE COPY OF THE APPLICATION BEFORE THE TALUK ADALATH DATED 10-04-2023