Joju Sebastian vs State Of Kerala
2024 Latest Caselaw 15725 Ker

Kerala High Court

Joju Sebastian vs State Of Kerala on 6 June, 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 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
                  WP(C) NO. 21764 OF 2017


PETITIONERS:

    1    JOJU SEBASTIAN
         S/O DEVASYA, AGED 54 YEARS,
         THACHAMPURATHU, MUTTOM PO, THODUPUZHA.
    2    JANCY
         W/O JOJU SEBASTIAN, AGED 52 YEARS,
         THACHAMPURATHU, MUTTOM PO, THODUPUZHA.
         BY ADVS.
         SRI.K.S.HARIHARAPUTHRAN
         SRI.DIPU JAMES
         SRI.GEORGE MATHEW
         SRI.M.D.SASIKUMARAN
         SRI.SUNIL KUMAR A.G
         SRI.SETHURAM DHARMAPALAN

RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY ITS PRINCIPAL SECRETARY,
         REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM.695001.
    2    THE TAHSILDAR
         THODUPUZHA TALUK, TALUK OFFICE,
         MINI CIVIL STATION, THODUPUZHA.685584.
    3    THE VILLAGE OFFICER
         MUTTOM VILLAGE, MUTTOM PO,THODUPUZHA-685587.
    4    MUTTOM GRAMA PANCHAYAT
         GRAMA PANCHAYATH OFFICE,MUTTOM PO, THODUPUZHA,
         REPRESENTED BY ITS SECRETARY-685587.
    5    SECRETARY
         MUTTOM GRAMA PANCHAYATH, GRAMA PANCHAYAH
         OFFICE,MUTTOM PO, THODUPUZHA.685587.
    6    MUTTOM GRAMA PANCHAYAT COMMITTEE
         GRAMA PANCHAYATH OFFICE, MUTTOM PO,THODUPUZHA ,
         REPRESENTED BY ITS PRESIDENT.685567.
 ADDL.R7 THE TALUK SURVEYOR,
         THODUPUZHA
 WP(C).No.21764/2017

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             ADDL.7TH RESPONDENT IS SUO MOTU IMPLEADED AS PER
             ORDER DATED 06.06.2024.
             SRI.B.S.SYAMANTAK, GP


      THIS    WRIT    PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON   06.06.2024,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C).No.21764/2017

                                    3




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.21764 of 2017
             ----------------------------------------------
            Dated this the 06th day of June, 2024


                            JUDGMENT

This writ petition is filed with following prayers:

i. to issue a writ in the nature of mandamus or any other appropriate writ order or direction commanding the 3rd respondent consider and pass orders on Ext.P3 within a time frame to be fixed by this Hon'ble Court;

ii. to issue such other writ, order or direction and costs as this Hon'ble Court deems fit and proper to grant;

(SIC)

2. The main prayer in this writ petition is to issue a

direction to the 3rd respondent to consider and pass orders in

Ext.P3, which is an application for Survey Adalath. The

Government Pleader, based on the instructions dated

26.07.2017, submitted that the petition regarding the resurvey

mistake is handed over to the Taluk Surveyor and the same is

pending. If that be the case, this writ petition need not be

retained here. There can be a direction to the additional 7 th

respondent to complete the proceedings within a time frame,

if not completed.

Therefore, this writ petition is disposed of with following

direction:

The additional 7th respondent is directed

to complete the survey proceedings, if

the same is not completed as on today,

as expeditiously as possible, at any rate,

within three months from the date of

receipt of a copy of this judgment.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE

APPENDIX OF WP(C) 21764/2017

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY THANDAPER ACCOUNT EXTRACT OF THE PROPERTY ISSUED BY 3RD RESPONDENT IN FAVOUR OF THE BHANUMATHI AND SHEELA.

EXHIBIT P2 TRUE COPY OF PLAN DTD.8.7.2009. EXHIBIT P3 TRUE COPY OF PETITION DTD.16.9.2009. EXHIBIT P3(A) TRUE COPY OF RECEIPT DTD.16.9.2009. EXHIBIT P4 TRUE COPY OF ORDER NO.B3-263/09 DATED 28.11.2009.

EXHIBIT P5 TRUE COPY OF JUDGMENT DTD.17.2.2017 IN WP(C) NO.35728 OF 2009.