B.K.N.Pillai vs State Of Kerala
2024 Latest Caselaw 15879 Ker

Kerala High Court

B.K.N.Pillai 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. 39283 OF 2017
PETITIONER:

            B.K.N.PILLAI
            LAXMI VILAS, CHAMPION BHASKARAN ROAD,KUNNUKUZHI,
            VANCHIYOOR P.O., THIRUVANANTHAPURAM DIST.
            BY ADVS.
            SRI.PIRAPPANCODE V.S.SUDHIR
            SRI.JELSON J.EDAMPADAM
            SMT.R.RANJANA

RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY THE SECRETARY,REVENUE DEPARTMENT,
            SECRETARIAT,THIRUVANANTHAPURAM - 695001
    2       THE DIRECTOR OF SURVEY AND LAND RECORDS.
            VAZHUTHACAUD, THIRUVANANTHAPURAM - 695013
    3       THE TALUK SURVEYOR
            TALUK OFFICE, THIRUVANANTHAPURAM - 695002
    4       THE SECRETARY
            SREE VIDYADHIRAJA VIDYASAMAJAM,
            NEAR CENTRAL STADIUM, BEHIND
            SECRETARIAT,THIRUVANANTHAPURAM - 695001.
    5       THE SUB INSPECTOR OF POLICE
            VANCHIYOOR POLICE STATION,
            THIRUVANANTHAPURAM - 695035
            BY ADVS.
            SRI.T.I.UNNIRAJA
            SRI.R.S.VISRUTH
            SRI.RIYAL DEVASSY, GP


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   06.06.2024,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.39283 of 2017

                                2


                   P.V.KUNHIKRISHNAN, J.
         ---------------------------------------------
                W.P.(C) No. 39283 of 2017
     ------------------------------------------------------
            Dated this the 06th day of June, 2024


                           JUDGMENT

This writ petition is filed seeking the following

reliefs:

"i) Issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to Ext.P8 and quash the same.

ii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 2, 3 and 5 to restrain from carrying out any measurement or refixation of the boundaries, with respect to the property belonging to the petitioner, at the instance of the 4th respondent.

iii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the 5th respondent not to interfere with the dispute, absolutely civil in nature, if any existing between the petitioner and the 4th respondent, nor assist the latter in any manner whatsoever.

And

iv) grant such other reliefs as this Hon'ble

Court deems fit and proper in the circumstances of this case including the cost of this Writ Petition."[SIC]

2. Petitioner is aggrieved by Ext.P8 notice issued

by the Taluk Surveyor for conducting a survey.

According to the petitioner, the survey is not

necessary, and civil litigation was concluded by the

Civil court.

3. When this Writ petition came up for

consideration on 06.12.2017, this Court stayed further

proceedings based on Ext.P8 and that interim order is

in force even now. I am of the considered opinion

that, Ext.P8 need not be retained at this distance of

time and the same can be quashed. The authority

concerned should decide first whether a survey is

necessary or not. If any survey is necessary, the

authority can issue fresh notice to the petitioner and

the survey can be conducted only after hearing the

petitioner.

Therefore, this Writ petition is disposed of in the

following manner:

1. Ext.P8 is set aside.

2. The authority concerned should decide first

whether a survey is necessary or not. If any

survey is necessary, notice should be given to

the petitioner.

Sd/-

P.V.KUNHIKRISHNAN JUDGE DM

APPENDIX OF WP(C) 39283/2017

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE JUDGMENT OF THE DISTRICT COURT, THIRUVANANTHAPURAM

EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN S.A NO.147/84 OF THIS HON'BLE COURT. EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 15.7.2016 OF THIS HON'BLE COURT IN

EXHIBIT P4 TRUE COPY OF THE ORDER NO.H4- 36022/16 DATED 28.6.2017 OF THE TAHSILDAR (LR) EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN O.S 776/1993 OF THE FIRST ADDITIONAL SUB COURT , THIRUVANANTHAPURAM. EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 12.7.2017 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 21.8.2017 OF THIS HON'BLE COURT IN

EXHIBIT P8 TRUE COPY OF THE NOTICE NO.PB/SD/H-

38515/17 DATED 22.11.2017 OF THE 3RD RESPONDENT.

RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE