The High Court of Kerala directed the petitioner to file a proper petition with the competent authority for correction of survey records regarding disputed land extent, noting petitioner delay but allowing remedy.
Petitioner directed to file proper representation before competent authority within two weeks; proceedings to be finalized within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
MONDAY, THE 29TH DAY OF OCTOBER 2012/7TH KARTHIKA 1934
WP(C).No. 4653 of 2009 (D)
PETITIONER(S):
ADV.BENNY M.JOHN, MANNANCHERIL HOUSE, CHOTTANIKKARA P.O., ERNAKULAM DISTRICT.
BY ADV. SRI.T.RAJASEKHARAN NAIR
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT, REVENUE DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
2. THE DISTRICT COLLECTOR, COLLECTORATE, ERNAKULAM.
3. THE SUPERINTENDENT,
BY GOVERNMENT PLEADER SRI. T.R. RAJESH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DCS
WP(C).No. 4653 of 2009 (D)
APPENDIX
PETITIONER(S) EXHIBITS :-
| EXT.P1 | PHOTOCOPY OF THE SALE DEED EXECUTED IN FAVOUR OF THE PETITIONER |
|---|---|
| EXT.P2 | PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT |
RESPONDENTS' EXHIBITS :- NIL
/TRUE COPY/
P.A. TO JUDGE
DCS
P.R.RAMACHANDRA MENON, J.
W.P.(C) NO. 4653 of 2009 (D)
Dated this the 29th day of October, 2012
JUDGMENT
The petitioner is stated as aggrieved of the callous inaction on the part of the respondents in responding to the various representations preferred for causing proper correction in the survey records in respect of the properties covered by Ext. P1.
W.P.(C) NO. 4653 of 2009 (D)
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that, despite filing Ext. P2 and P3, the respondents did not take any steps to cause redressal of the grievance of the petitioner. Finally, the petitioner filed an application under the Right to Information Act, which was replied from the office of the additional 4th respondent vide Ext. P4 dated 25.07.2008, stating that, since there was no boundary for the property comprised in Survey No. 157/4, it was not possible to survey the Sub Division and to take appropriate action in the file bearing No.DSA 11/2006, which made the petitioner to approach this Court for appropriate relief.
W.P.(C) NO. 4653 of 2009 (D)
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stated as granted to the petitioner.
W.P.(C) NO. 4653 of 2009 (D)
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whatsoever from anybody including the neighbours and there is no boundary dispute and that the property is having well demarcated boundaries.
W.P.(C) NO. 4653 of 2009 (D)
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in the revenue records based on the outcome of such measurement. The proceedings as above shall be finalised within 'three' months from the date of receipt of a copy of this judgment.
The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the Superintendent of Survey and Land Records (Resurvey), Tripunithura for further steps.
The writ petition is disposed of.
P.R.RAMACHANDRA MENON, JUDGE
DCS
2 issues framed by the court
Whether the writ petitioner should be directed to approach the competent authority for correction of survey record entries.
Whether sufficient delay exists to dispose off the writ petition summarily without granting relief.
Adv. Benny M. John
State of Kerala
District Collector, Ernakulam
Superintendent of Survey of Land Records, Ernakulam
Superintendent, Survey of Land Records (Resurvey), Tripunithura
P.R.Ramachandra Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
