Kerala High Court
Antony M.X vs State Of Kerala on 17 October, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
WP(C) NO. 4972 OF 2024
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2024:KER:77124
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
WP(C) NO. 4972 OF 2024
PETITIONER:
ANTONY M.X.
AGED 53 YEARS
S/O. XAVIER, MANAYIL HOUSE, NAZARETH,
MATTANCHERRY P.O., COCHIN, PIN - 682002
BY ADVS.
ENOCH DAVID SIMON JOEL
S.SREEDEV
RONY JOSE
LEO LUKOSE
KAROL MATHEWS SEBASTIAN ALENCHERRY
DERICK MATHAI SAJI
KARAN SCARIA ABRAHAM
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY,
RESPONDENTS REVENUE DEPARTMENT,
GOVT. SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 THE TAHSILDHAR (LAND RECORDS),
TALUK OFFICE, KB JACOB ROAD,
FORT KOCHI, KOCHI, PIN - 682001
WP(C) NO. 4972 OF 2024
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3 THE VILLAGE OFFICER,
VILLAGE OFFICE, RAMESHWARAM,
KOCHI, PIN - 682006
4 THE STATION HOUSE OFFICER,
MATTANCHERRY POLICE STATION,
KOCHI, PIN - 682002
5 MARY SHAJI,
AGED 58 YEARS
W/O. C.J.SHAJI, CC 9/388/1,
CHEMBRACHERRY HOUSE, NAZARETH,
KOCHI, PIN - 682002
6 SHAJI,
AGED 58 YEARS
S/O. JOSEPH, CC 9/388/1, CHEMBRACHERRY HOUSE,
NAZARETH, KOCHI, PIN - 682002
BY ADVS.
ADITHYAN S.MANNALI
SAJAN MANNALI(S-55)
HENDRY FERNANDEZ(K/993/1992)
SANTHI K.PAI(K/86/1998)
V.N.SHASHIKALA(S-373)
HARITHA K.T.(K/001234/2023)
OTHER PRESENT:
RAJEEV JYOTHISH GEORGE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.10.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
WP(C) NO. 4972 OF 2024
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JUDGMENT
The petitioner filed Ext.P4 Form 10 application before the
2nd respondent for surveying and demarcating the boundaries of
his property. However, respondents 5 and 6, the neighbouring
owners, raised objections. The 2 nd respondent, as per Ext.P6
order, directed the petitioner to approach the civil court. It is
challenging Ext.P6, this writ petition has been filed.
2. I have heard the learned counsel for the petitioner Sri.
Enoch David Simon Joel, Sri. Adithyan S. Mannali, the learned
counsel appearing for respondents 5 and 6 as well as the learned
Government Pleader, Sri.Rajeev Jyothish George.
3. The learned counsel appearing for respondents 5 and
6 submits that they have no objection in surveying the property
provided the property is measured on the basis of the prior title
deed as well.
Hence, the 2nd respondent is directed to conduct the survey
and demarcate the boundaries, taking into account the prior title
WP(C) NO. 4972 OF 2024
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deeds and also after giving notice to the petitioner as well as
respondents 5 and 6. The 2nd respondent shall complete the
survey within a period of four months from the date of receipt of
a copy of this judgment.
The writ petition is disposed of accordingly.
Sd/-
DR.KAUSER EDAPPAGATH, JUDGE
AS
WP(C) NO. 4972 OF 2024
2024:KER:77124
APPENDIX OF WP(C)NO.4972 OF 2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PARTITION DEED NO.
2284/2019 DATED 17.07.2019 OF KOCHI SRO.
EXHIBIT P1(A) TRUE COPY OF THE POSSESSION CERTIFICATE
NUMBERED 71378889 DTD. 25.10.2022 ISSUED
BY THE 3RD RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT
NUMBERED KL07011404380/2023 DTD.
17.04.2023 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE BUILDING PERMIT DTD.
07.12.2019 ISSUED BY THE KOCHI MUNICIPAL
CORPORATION.
EXHIBIT P4 TRUE COPY OF THE APPLICATION DTD.
17.04.2023 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE LETTER DTD. 28.04.2023
SUBMITTED BY THE 3RD RESPONDENT TO THE
2ND RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE REPLY DTD. 26.09.2023
ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE LETTER DTD. 03.01.2024
ISSUED BY THE 4TH RESPONDENT TO THE
PETITIONER.
EXHIBIT P8 TRUE COPY OF THE JUDGMENT DTD.
30.10.2015 IN WP(C) NO.19270/2015 ON THE
FILES OF THIS HON'BLE COURT.
