Kerala High Court
Sivan Pillai vs District Collector on 4 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
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(C) NO. 20352 OF 2013
PETITIONER:
SIVAN PILLAI
S/O. KESAVA PILLAI, SIVA BHAVANAM, KIDANGAYAM, KANNIMEL
NORTH, MYNAGAPPALLY, SOORANADU SOUTH, KOLLAM DISTRICT.
BY ADV SRI. B. KRISHNA MANI
RESPONDENTS:
1 THE DISTRICT COLLECTOR
COLLECTORATE, KOLLAM-691001.
2 THE TAHSILDAR
KUNNATHOOR TALUK, SASTHAMKOTTA, KOLLAM DISTRICT.
3 THE TALUK SURVEYOR
KUNNATHOOR TALUK, SASTHAMKOTTA, KOLLAM DISTRICT.
BY ADV
SRI. B.S. SYAMANTAK, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 20352 OF 2013
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No.20352 of 2013
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Dated this the 04th day of April, 2024
JUDGMENT
The above writ petition is filed with the following
prayers:
"(i) Issue a writ of mandamus or any other
appropriate, writ, order or direction directing the
respondents not to measure the properties of the
petitioner comprised in Ext.P1 and further direct the
respondents not to do anything in the same ;
(ii) Issue a writ of mandamus or any other
appropriate, writ, order or direction directing the
respondents to dispose of Exts.P2 to P4 respectively
forthwith;
(iii) Issue an interim direction directing the
respondents not to measure the properties of the
petitioner comprised in Ext.P1 and further direct the
WP(C) NO. 20352 OF 2013
respondents not to do anything in the same;
(iv) Award costs; and
(v) Any other relief this Hon'ble Court deems fit."
2. When this writ petition came up for
consideration, the learned Government Pleader takes
me through paragraph Nos. 4 and 5 of the counter
affidavit filed by the second respondent. The same is
extracted hereunder:
"4. It is submitted that the
representation filed by the petitioner dated
16.07.2013, and the same has been forwarded
to the Village Officer, Sooranadu South for
enquiry. The Village Officer, Sooranadu South
has submitted a report on 17.08.2013,
meanwhile the petitioner has approached this
Honourable Court by filing this Writ Petition.
5. It is submitted that on enquiry it is
revealed that the survey officials have surveyed
WP(C) NO. 20352 OF 2013
16.00 Ares of Puramboke land in Block No.8 Re-
survey No. 329/1 of Sooranadu South Village for
distribution to the landless people through zero
landless, Citizens 2015 programme. The land
owned by the petitioner is in Re-Sy. 329/5 (old
Sy. No. 813/11, 813/8g, 813/8E). But as per
the Revenue Records, the Old Sy. No. of
Puramboke land is 813/9-8 and Re.Sy. No. is
329/1. The Survey works has been carried out in
the Government land only. The petitioner's
property has not been surveyed."
3. In the light of the above counter affidavit, no
further directions are necessary in this case.
Recording paragraph Nos. 4 and 5 of the counter
affidavit filed by the second respondent, this Writ
Petition is closed.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
WP(C) NO. 20352 OF 2013
APPENDIX OF WP(C) 20352/2013
PETITIONER EXHIBITS
EXHIBIT P1 : TRUE COPY OF THE SALE DEED
DTD. 30-3-1991.
EXHIBIT P2 : TRUE COPY OF THE
REPRESENTATION DT.16-7-2013 BEFORE R1.
EXHIBIT P3 : TRUE COPY OF THE
REPRESENTATION DT.16-7-2013 BEFORE R2.
EXHIBIT P4 : TRUE COPY OF THE
REPRESENTATION DT.16-7-2013 BEFORE R3.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY//
PA TO JUDGE
