Ahammed Unni @ Aimunni vs The District Collectotr
2023 Latest Caselaw 10832 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. 18278 OF 2023
PETITIONER:

           AHAMMED UNNI @ AIMUNNI
           AGED 68 YEARS
           S/O. PAREED, THACHRUKUDY HOUSE,
           MOULOODUPURA, MUDICKAL P.O.
           ERNAKULAM DISTRICT, PIN - 683 547.

           BY ADVS.
           C.A.NAVAS
           T.K.SASIKUMAR
           LAYA SIMON
           P.A.SHAJI SAMAD


RESPONDENTS:

     1     THE DISTRICT COLLECTOR
           COLLECTERATE, KAKKANAD,
           ERNAKULAM DISTRICT, PIN - 682 030.
     2     THE TAHASILDAR (LAND RECORDS)
           KUNNATHUNADU TALUK, THALUK OFFICE,
           PERUMBAVOOR, ERNAKULAM DISTRICT,
           PIN - 683 542.
     3     THE THALUK SURVEYOR, (HEAD SURVEYOR)
           KUNNATHUNADU TALUK, TALUK OFFICE,
           PERUMBAVOOR, ERNAKULAM DISTRICT,
           PIN - 683 542.
     4     THE VILLAGE OFFICER
           MARAMPILLY VILLAGE, MARAMPILLY,
           MUDICKEL P.O, ERNAKULAM DISTRICT,
           PIN - 683 547.

           SRI. BIMAL K.NATH - SR. GP



      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.18278 OF 2023

                                 2



                              JUDGMENT

The petitioner has filed this writ petition aggrieved

by the delay in conducting the survey and

measurement of his property pursuant to Ext.P4

request made by him. Ext.P14 is the notice issued by

the Taluk Surveyor informing the petitioner that survey

will be conducted on 12.07.2023. The petitioner

submits that no survey was conducted pursuant to

Ext.P14.

2. However, the learned Government Pleader,

on instructions, submits that survey has been

conducted pursuant to Ext.P14.

In view of the submission made by the learned

Government Pleader, there will be a direction to the 2nd

respondent, the Tahsildar (LR), to complete the

proceedings pursuant to Ext.P14, as expeditiously as WP(C).No.18278 OF 2023

possible, at any rate, within a period of two months

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

The writ petition is disposed of with the above

direction.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

SPR WP(C).No.18278 OF 2023

APPENDIX PETITIONER'S EXHIBITS:-

EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT NO.KL07050603512/2022 DATED 10.06.2022. EXHIBIT P2 TRUE COPY OF THE POSSESSION CERTIFICATE NO.52160353 DATED 19.11.2020. EXHIBIT P3 TRUE COPY OF THE MINUTES OF VAZHAKKULAM GRAMA PANCHAYATH NO 12/12 DATED 22.06.2017 EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED 10.01.2019 FILED BY THE PETITIONER. EXHIBIT P5 TRUE COPY OF THE APPLICATION DATED 13.11.2019 FILED BEFORE 1ST RESPONDENT. EXHIBIT P6 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT DATED 29.12.2020. EXHIBIT P7 TRUE COPY OF THE LETTER NO.328/2021/PR DATED 01.11.2021.

EXHIBIT P8 TRUE COPY OF THE APPLICATION DATED NIL FILED BY THE PETITIONER BEFORE THE PANCHAYATH.

EXHIBIT P9 TRUE COPY OF THE MINUTES NO.9(1) DATED 26-02-2020 OF VAZHAKULAM GRAMA PANCHAYATH ALONG WITH COVERING LETTER DATED 06.03.2020.

EXHIBIT P10 TRUE COPY OF THE LETTER NO.NIL DATED NIL ISSUED BY THE 4TH RESPONDENT. EXHIBIT P11 TRUE COPY OF THE COMMUNICATION NO.

DCERM/11146/2019-L16 DATED 18.12.2019. EXHIBIT P12 THE TRUE COPY OF THE REPRESENTATION DATED 21.03.2022 FILED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR CONTAINING OFFICE ENDORSEMENT TO TAKE URGENT ACTION.

EXHIBIT P13 THE TRUE COPY OF THE COMMUNICATION NO.

C10- 1857/19, 1485/20 DATED 11.09.2022. EXHIBIT P14 TRUE COPY OF THE SURVEY NOTICE NO.1857/19, 1485/20, 5661/23 WPC 18278/2023 DATED 27.06.2023 ISSUED BY THE TALUK SURVEYOR.

RESPONDENTS EXHIBITS: NIL.