Swarnamani vs Thehsildar
2024 Latest Caselaw 32038 Ker

Kerala High Court

Swarnamani vs Thehsildar on 7 November, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

WP(C) NO. 18381 OF 2023


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          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH KARTHIKA, 1946

                  WP(C) NO. 18381 OF 2023

PETITIONER:

         SWARNAMANI
         AGED 77 YEARS
         W/O LATE UNNIKRISHNAN, THALEPPILLY HOUSE,
         MOORKANIKKARA, P.O KOZUKULLY,
         THRISSUR, PIN - 680751


         BY ADVS.
         VINAY RAMDAS
         K.B.ANAMIKA




RESPONDENTS:

    1    THAHSILDAR,
         THALUK OFFICE THRISSUR, TOWN HALL,
         PALACE RD, OPP. THRISSUR,
         CHEMBUKKAV, THRISSUR, KERALA, PIN - 680020

    2    VILLAGE OFFICER,
         KOZHUKULLY VILLAGE, NEAR CITY POST OFFICE,
         CHEMBUKKAV, THRISSUR, KERALA, PIN - 680020

    3    STATE OF KERALA
         REPRESENTED BY THE SECRETARY DEPARTMENT OF LAND
         REVENUE, LAND REVENUE COMMISSIONERATE,
 WP(C) NO. 18381 OF 2023


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            REVENUE COMPLEX, PUBLIC OFFICE BUILDING,
            MUSEUM, THIRUVANANTHAPURAM, PIN - 695033



OTHER PRESENT:

            VIDYA KURIAKOSE, GP


     THIS    WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 07.11.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 WP(C) NO. 18381 OF 2023


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                        JUDGMENT

The petitioner preferred a Form 10 application as per Rule

43 of the Kerala Survey and Boundaries Rules, 1964, before the

1st respondent. The 1st respondent rejected Ext.P3 application, as

per Ext.P4, based on the report of the 2nd respondent, that the

petitioner's property has not been subdivided and hence,

boundary cannot be fixed. Aggrieved by Ext.P4, the petitioner

has approached this Court.

2. I have heard Sri.Vinay Ramdas, the learned counsel

for the petitioner and Smt.Vidya Kuriakose, the learned

Government Pleader.

3. The learned Government Pleader submits that since

the property has not been subdivided, the remedy open to the

petitioner is to file a Form 8 application. The learned

Government Pleader further submits that the petitioner has

already submitted Form 8 application. However, when the Taluk

Surveyor issued a notice to co-operate for conducting an WP(C) NO. 18381 OF 2023

2024:KER:82911

inspection and measuring the property, the petitioner did not co-

operate.

Having heard both sides, this writ petition is disposed of as

follows:

(a) The petitioner shall co-operate with the 1 st respondent in

conducting inspection pursuant to Form 8 application

filed by the petitioner.

(b) If the petitioner co-operates with the 1 st respondent, the

1st respondent shall dispose of Form 8 application in

accordance with law, within a period of two months

from the date of receipt of a copy of this judgment.

Sd/-

DR.KAUSER EDAPPAGATH, JUDGE AS WP(C) NO. 18381 OF 2023

2024:KER:82911

APPENDIX OF WP(C) 18381/2023

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF LAND TAX RECEIPT OF THE PETITIONER PROPERTY DATED 30/06/2022

EXHIBIT P2 A TRUE COPY OF DEATH CERTIFICATE OF THE PETITIONER HUSBAND UNNIKRISHNAN DATED 11/08/2020

EXHIBIT P3 A TRUE COPY OF THE APPLICATION PREFERRED ON 15/06/2022 UNDER THE FORM 10 AS PER RULE 43 OF THE KERALA SURVEY AND BOUNDARIES RULES, 1964

EXHIBIT P4 A TRUE COPY OF TLKTSR/1947/2022-H1 LETTER DATED 20/09/2022 1ST RESPONDENT

EXHIBIT P5 A TRUE COPY OF TAX RECEIPT ISSUED 2ND RESPONDENT DATED 05/08/2013