Kerala High Court
Sri.Cyril Syriac vs State Of Kerala on 12 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 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 20442 OF 2017
PETITIONERS:
1 SRI.CYRIL SYRIAC
AGED 62 YEARS, S/O.SYRIAC (LATE),
NJARAVELLIL HOUSE, KALLARA P.O., KAPIKKADU,
KOTTAYAM-686611.
2 BABY THOMAS
AGED 72 YEARS, S/O.THOMAS (LATE),
PAZHEPURAKKAL, KADUTHURUTHY P.O., VAIKOM.
3 MANI K.G.
AGED 50 YEARS, S/O.GOPY (LATE), SREE BHAVAN,
KADUTHURUTHY P.O., VAIKOM.
BY ADVS.
SRI.J.JULIAN XAVIER
SRI.FIROZ K.ROBIN
RESPONDENTS:
1 STATE OF KERALA
REP. BY ITS SECRETARY, REVENUE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 TAHSILDAR
TALUK OFFICE, VAIKOM-686141.
3 SUPERINTENDENT
OFFICE OF THE SURVEY SUPERINTENDENT,
(RE-SURVEY OFFICE), VAIKOM-686141.
4 CHERIAN
KANIYAMPARAMBIL HOUSE, KADUTHURUTHY P.O.,
VAIKOM-686141.
BY ADVS.GOVERNMENT PLEADER SRI.B.S.SYAMANTAK
SRI.ARJUN RAGHAVAN
SRI.ADITHYA RAJEEV
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.20442/2017
2
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).No.20442 of 2017
----------------------------------------------
Dated this the 12th day of April, 2024
JUDGMENT
This writ petition is filed with following prayers:
i. To issue a writ of mandamus or any other
appropriate writ, order or direction directing the
3rd respondent to conduct the survey of the
property comprised in Sy.Nos.939/3C and 939/4B
of Kaduthuruthy Village as per the direction
issued in Ext.P6, within a time frame fixed by this
Hon'ble Court.
ii. To award cost of these proceedings.
Iii. To grant such other reliefs that may be deemed
just and proper by this Hon'ble Court.
(SIC)
2. A counter affidavit is filed by the 2nd respondent, the
relevant portion of which is extracted hereunder:
"3. It is submitted that this respondent sought the
details from the 3rd respondent vide Letter No.C5-
11786/15 dated 17.05.2017 regarding the steps
taken in the matter and directed to submit the re-
survey sketch to this office. Also this respondent
reported the developments regarding the issue to
the District Collector, Kottayam vide Letter No.C5-
11786/15 dated 22.05.2015. It is submitted that
this office has taken immediate actions in the issue
and will continue its measures to solve the issue on
the basis of the law of the land."
3. The counsel for the 4th respondent submitted that
the survey is already conducted by the Village and the
puramboke is already demarcated. If that be the case, nothing
survives in this writ petition.
Recording the above submission of the counsel for the 4 th
respondent, this writ petition is closed. If there is any
subsisting grievance to the petitioners, the same is left open.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
APPENDIX OF WP(C) 20442/2017
PETITIONER EXHIBITS
EXHIBIT P1 COPY OF THE BTR MAINTAINED IN THE
VILLAGE OFFICE, KADUTHURUTHY.
EXHIBIT P2 TRUE COPY OF THE PETITION DATED 3-7-
2015 SUBMITTED BY THE PETITIONERS AND
OTHERS BEFORE THE DISTRICT COLLECTOR,
KOTTAYAM.
EXHIBIT P2(A) COPY OF AD CARD SIGNED BY THE OFFICE
OF THE DISTRICT COLLECTOR, KOTTAYAM.
EXHIBIT P3 TRUE COPY OF THE LETTER DATED 14-12-
2015 ISSUED FROM THE OFFICE OF THE 2ND
RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION FILED
BY THE 1ST RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE INFORMATION RECEIVED
FROM THE OFFICE THE MINISTER OF
REGISTRATION AND PWD.
EXHIBIT P6 TRUE COPY OF THE LETTER DATED 18-5-
2017.
