Adiyat Ravindranathan vs The District Survey Superintendent
2024 Latest Caselaw 33062 Ker

Kerala High Court

Adiyat Ravindranathan vs The District Survey Superintendent on 14 November, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

W.P.(C) No. 34575/2024

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             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

           THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

  THURSDAY, THE 14TH DAY OF NOVEMBER 2024 / 23RD KARTHIKA, 1946

                         WP(C) NO. 34575 OF 2024

PETITIONER:
           ADIYAT RAVINDRANATHAN
           AGED 78 YEARS, S/O. NARAYANAN NAMBIAR
           'SWAMI SADAN', MARKET ROAD, THRIPPUNITHURA,
           NADAMA DESOM, KANAYANNUR TALUK,
           THRIPPUNITHURA, P.O. ERNAKULAM, PIN - 682301
           BY ADVS.
           JOLLY JOHN
           LIZA MEGHAN CYRIAC
           IRENE BABU
           HARIKRISHNA S.
           MEHNAZ P. MOHAMMED
           RUBIN SHIBU
RESPONDENTS:
     1     THE DISTRICT SURVEY SUPERINTENDENT
           CIVIL STATION, KAKKANAD, THRIKKAKARA,
           ERNAKULAM, PIN - 682030
     2     THE RE-SURVEY SUPERINTENDENT
           THRIPUNITHURA MINI CIVIL STATION,
           THRIPUNITHURA, ERNAKULAM, PIN - 682301
     3     THE ADDITIONAL TAHSILDAR (LR)
           TALUK OFFICE, KANAYANNUR TALUK,
           ERNAKULAM, PIN - 682011
     4     THE TALUK SURVEYOR
           TALUK OFFICE, KANAYANNUR,
           ERNAKULAM, PIN - 682011
           VIDYA KURIAKOSE, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No. 34575/2024

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                         JUDGMENT

The petitioner claims to be the owner in possession of 3.15

Ares of property comprised in Re-Survey No.157/6. Ext.P1 is the

title deed. The petitioner submitted Ext.P4 application before the

respondent No.3 to demarcate his property and also to provide re-

survey sub division. The limited prayer in this writ petition is to give

a direction to the respondent No.3 to demarcate and provide re-

survey sub division to his property as requested in Ext.P4.

Having heard Sri.Jolly John, the learned counsel appearing for

the petitioner and Smt.Vidya Kuriakose, the learned Government

Pleader, this writ petition is disposed of with a direction to the

respondent No.3 to act upon Ext.P4 application, in accordance with

law, within a period of three months from the date of receipt of a

copy of this judgment. It is made clear that, before conducting

measurement and demarcation, the respondent No.3 shall issue

notice to the petitioner as well as the affected parties.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE APA

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2024:KER:85061

APPENDIX OF WP(C) 34575/2024

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE DOCUMENT NO.3219 OF 1999 DATED 05/06/1999.

EXHIBIT P2 TRUE COPY OF THE BASIC TAX RECEIPT DATED 04/10/2023 EVIDENCING THE PAYMENT OF TAX FOR THE PERIOD 2023-24 IN RESPECT OF 3.15 ARES IN RE-SY BLOCK NO:6, RE.SY NO:157/6-2-17 IN THE NAME OF THE PETITIONER.

EXHIBIT P3 TRUE COPY OF RESURVEY SKETCH, BLOCK NO.6 FIELD NO.157 OF THRIKKAKARA NORTH VILLAGE; KANAYANNOOR TALUK PREPARED BY THE TALUK SURVEYOR. EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED 27.4.2012 SUBMITTED BY PETITIONER BEFORE THE TAHSILDAR, TALUK OFFICE, KANAYANNUR WHICH IS NUMBERED AS EC 1517/2012.

EXHIBIT P5 TRUE COPY OF THE REPORT DATED 02/05/2012 VILLAGE OFFICER, THRIKKAKARA NORTH.

EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 14.08.2014 IN WP (C) NO. 21222/2014.

EXHIBIT P7 TRUE COPY OF THE COVERING LETTER DATED 16/06/2015 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE SKETCH PREPARED BY THE 4TH RESPONDENT DEMARCATING THE EXHIBIT P1 PROPERTY BELONGING TO THE PETITIONER HEREIN UNDER THANDAPER NO.5901.

EXHIBIT P9 TRUE COPY OF THE OFFICE COPY OF THE LETTER DATED 25/06/2015 SENT BY THE PETITIONER HEREIN TO THE 3RD RESPONDENT ALONGWITH THE POSTAL RECEIPT.