Mumtas K.S vs Survey Superintendent
2024 Latest Caselaw 10014 Ker

Kerala High Court

Mumtas K.S vs Survey Superintendent on 5 April, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
                   WP(C) NO. 14222 OF 2024
PETITIONER/S:

    1     MUMTAS K.S
          AGED 21 YEARS
          D/O. SIDHIQ, KUNNEKUDIYIL HOUSE,
          MANIKINAR P.O., PAIMATTOM KARA,
          PALLARIMANGALAM VILLAGE, KOTHAMANGALAM TALUK,
          ERNAKULAM DISTRICT, PIN - 686 693.
    2     MUHASIR K.SIDHIQ
          AGED 25 YEARS, S/O. SIDHIQ,
          KUNNEKUDIYIL HOUSE, MANIKINAR P.O.,
          PAIMATTOM KARA, PALLARIMANGALAM VILLAGE,
          KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT,
          REP, BY HIS POWER OF ATTORNEY HOLDER,
          MUMTAS K.S., D/O. SIDHIQ, KUNNEKUDIYIL HOUSE,
          MANIKINAR P.O., PAIMATTOM KARA,
          PALLARIMANGALAM VILLAGE, KOTHAMANGALAM TALUK,
          ERNAKULAM DISTRICT, PIN - 686 693.
          BY ADVS.
          JOHNSON MANAYANI
          JEEVAN MATHEW MANAYANI
RESPONDENT/S:

    1     SURVEY SUPERINTENDENT
          RE-SURVEY SUPERINTENDENT OFFICE, MINI CIVIL
          STATION, PIRAVOM, PIN - 686 664.
    2     THE SECRETARY
          TO REVENUE DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695 001.
    3     KAVALANGAD SERVICE COOPERATIVE BANK LTD
          NO.1348, NELLIMATTOM P.O., NELLIMATTOM KARA,
          KOTHAMANGALAM, ERNAKULAM DISTRICT,
          REPRESENTED BY ITS SECRETARY, PIN - 686 693.
OTHER PRESENT:
          SRI.AJITH VISWANATHAN, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO.14222 OF 2024

                                   2

              P.V. KUNHIKRISHNAN, J.
             -----------------------------------
             W.P.(C).No. 14222 of 2024
             -----------------------------------
            Dated this the 5th day of April, 2024


                            JUDGMENT

This writ petition is filed with following prayers;-

"i. Issue a Writ of Mandamus or any other Writ, Direction or order commanding the 1st respondent to survey, measure and install boundary stones, in accordance with the Litho plan kept by the Survey Department.

ii. Declare that, the 1st respondent is liable to survey, measure and install boundary stones of the petitioners lands described in Exts P2 to P5 in accordance with the Litho plan kept by the Survey Department.

iii. Issue such other order or direction as deem fit and necessary by this Hon'ble court.

iv. To dispense with the translation of Malayalam documents.".

[SIC]

2. The grievance of the petitioners is that even

though Exts.P7& P8 are submitted before the 1 st respondent

to survey the property of the petitioners in accordance with

the Litho plan, the same is not considered by the 1 st

respondent.

WP(C) NO.14222 OF 2024

3. Heard the learned Counsel for the petitioners and

the learned Government Pleader also.

4. After hearing both sides, I think that there can be

a direction to the 1st respondent to consider Exts.P7&P8,

within a time frame.

Therefore, this writ petition is disposed of with

following directions.

I. The 1st respondent is directed to consider

and pass orders and take necessary steps

in Exts.P7&P8 as expeditiously as

possible, at any rate, within two months

from the date of receipt of copy of this

Judgment and do the needful in

accordance to the Litho plan kept by the

Survey department.

WP(C) NO.14222 OF 2024

II. Till final orders are passed as directed

above, Status quo shall be maintained.

Sd/-

P.V. KUNHIKRISHNAN JUDGE

S.M.K. WP(C) NO.14222 OF 2024

APPENDIX

PETITIONERS' EXHIBITS

Exhibit P1 THE TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BY THE 2ND PETITIONER IN FAVOUR TO THE 1ST PETITIONER DT 17.9.2022

Exhibit P2 THE COPY OF SALE DEED NO. 1223/22 IN FAVOUR OF THE 1ST PETITIONER DT 14.6.2022 OF SRO POTHANIKKAD

Exhibit P3 THE COPY OF THE SETTLEMENT DEED DT 26.7.2022 IN FAVOUR OF THE 2ND PETITIONER OF SRO POTHANIKKAD

Exhibit P4 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, PALLIRIMANGALAM DT 1.7.2023 TO THE 1ST PETITIONER

Exhibit P5 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, PALARIMANGALAM DT 1.7.2023 TO THE 2ND PETITIONER

Exhibit P6 THE TRUE COPY OF THE INTERIM ORDER IN IA NO.5/2023 IN OS NO.141/2023 OF THE MUNSIFF'S COURT, KOTHAMANGALAM DT 19.8.2023 WITHOUT THE ATTACHMENT SCHEDULE

Exhibit P7 THE TRUE COPY OF THE PETITION FILED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT DT 20.2.2024

Exhibit.P8 TRUE COPY OF THE PETITION FILED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT DT 20.3.2024