The High Court of Kerala rejected a writ appeal challenging a Single Judge's order refusing to direct survey authorities to measure a property because the petitioner's title was in dispute, holding the impugned order justified.
Writ appeal rejected; relief sought in the writ petition was denied.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU &
THE HONOURABLE MR. JUSTICE A.K.BASHEER
WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930
W.A.No. 1079 of 2008
AGAINST THE JUDGEMENT IN WPC.5364/2008 DATED 22/02/2008
APPELLANT/PETITIONER:
PADMINI GOPINATH, SANTHINIKETHAN, (MURIYANATT) CHERTHALA, ALAPPUZHA.
BY ADV. SRI.S.SANAL KUMAR
SMT.BHAVANA VELAYUDHAN
RESPONDENTS/RESPONDENTS:
THIRUVANANTHAPURAM.
ALAPPUZHA.
CHERTHALA.
R1 TO R4 BY SR.GOVERNMENT PLEADER SMT.K.MEERA R5 BY ADV. SRI.J.OM PRAKASH
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 22/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
H.L.DATTU, C.J. & A.K.BASHEER, J.
W.A.No.1079 of 2008
Dated, this the 22nd day of October, 2008
JUDGMENT
H.L.Dattu, C.J.
The appellant/petitioner calls in question the correctness or otherwise of the orders passed by the learned Single Judge in W.P.(C) No.5364 of 2008 dated 22nd February, 2008. By the impugned order the learned Single Judge has refused to grant the reliefs sought for by the petitioner in the writ petition.
(2) In the writ petition filed, the petitioner has sought for the
following reliefs. They are as under:
“i) issue a writ in the nature of mandamus or any other writ direction or order directing the 4th respondent to conduct measurements and demarcate the boundary as sought for in exhibit P4 application except property comprised in survey No.265/7B of Cherthala Vadakku Village, within such time as may be fixed by this Honourable Court;
ii) issue a writ in the nature of mandamus or any other writ direction or order directing 3rd respondent to take follow up action pursuant to exhibit P6 to effect measurement of the property as sought for in exhibit P4 forthwith and complete measurements within such time as may be fixed by this Honourable Court.”
W.A.No.1079 of 2008
2
(3) It appears that the petitioner had filed an application before the concerned/competent authority as provided under the provisions of the Kerala Survey and Boundaries Act, 1961 ('the Act' for short). Since the authorities did not act upon the request made in the application, the petitioner was constrained to approach this Court for a writ in the nature of mandamus to the respondent authorities to survey the property of the petitioner.
(4) The Cherthala Municipality was also impleaded as one
of the respondents in the writ petition.
instructions, had submitted before the learned Single Judge that the property which the petitioner wants to be surveyed is the property which belongs to the Municipality. They had further submitted before the learned Single Judge that they had purchased that portion of the property from the ancestors of the petitioner. They had also submitted that the property in question now stands in the name of the Municipality.
(6) The learned Single Judge was of the opinion that since the title of the petitioner itself is in dispute, it would be desirable for the petitioner to approach the civil court for appropriate reliefs.
W.A.No.1079 of 2008
3
Section 14 of the Act. We are fully convinced that the learned Single
Judge was fully justified in rejecting the reliefs sought for by the
petitioner. Therefore, interference with the said order is not called for.
it is rejected.
Ordered accordingly.
( H.L.DATTU) CHIEF JUSTICE
(A.K.BASHEER) JUDGE
vns
2 issues framed by the court
Whether the learned Single Judge was justified in refusing to direct survey authorities to conduct measurements when the petitioner's title was in dispute.
Whether the High Court was justified in rejecting the writ appeal in respect of a writ petition refusing measurement of property.
Padmini Gopinath
State of Kerala
District Collector, Alappuzha
Tahsildar, Cherthala
Taluk Surveyor, Cherthala
Cherthala Municipality
H.L.Dattu
A.K.Basheer
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
