Petitioner sought survey of property due to inaction by authorities. Court noted application form was incorrect and ordered fresh file in proper Form No.8 or 10 with completion of proceedings within three months. Judgment later recalled.
Petitioner to file fresh application in Form No.8 or 10; authorities to complete proceedings 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 A.M.SHAFFIQUE
FRIDAY, THE 20TH DAY OF JUNE 2014/30TH JYAISHTA, 1936
WP(C).No. 13663 of 2014 (G)
PETITIONER(S):
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T.RADHAKRISHNAN, AGED 51 YEARS, S/O.NARAYANAN, THEKKUMKARA VEEDU, PERUMTHATTAPARAMBU, GURUVAYOOR POST, THRISSUR DISTRICT.
BY ADVS.SRI.G.HARIHARAN
sRI.PRAVEEN.H.
RESPONDENT(S):
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1. ADDITIONAL TAHSILDAR, PALAKKAD 678 001
2. VILLAGE OFFICER, MUNDOOR 2 VILLAGE, PALAKKAD DISTRICT, PIN- 678 592
3. DIRECTOR OF SURVEY AND LAND RECORDS, VAZHUTHACAUD, THIRUVANANTHAPURAM -695 014.
4. SIVANANDAN, S/O.APPUTTY MUNDOOR 2 VILLAGE, PALAKKAD DISTRICT, PIN - 678 592
BY GOVERNMENT PLEADER SRI.JOSEPH GEROGE.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-06-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rvs/
WP(C).No. 13663 of 2014 (G)
APPENDIX
PETITIONER(S)' EXHIBITS
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| EXHIBIT P1 | TRUE COPY OF THE SALE DEED NO 2192/98 DATED 27-06-1998 OF SRO, PARALI. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE COMMUNICATION DATED 22-01-2013 BEFORE THE 1ST RESPONDENT. |
| EXHIBIT P3 | TRUE COPY OF THE COMMUNICATION DATED 23-03-2013 ISSUED BY THE 3RD RESPONDENT ADDRESSED TO 1ST RESPONDENT. |
| EXHIBIT P4 | TRUE COPY OF THE COMMUNICATION DATED 19-04-2013 SENT BY THE 3RD RESPONDENT TO THE PETITIONER. |
| EXHIBIT P5 | TRUE COPY OF THE APPLICATION DATED 09-04-2013 FILED BEFORE THE 1ST RESPONDENT WITH ENDORSEMENT MADE THEREON. |
RESPONDENT(S)' EXHIBITS:
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NIL.
/true copy/
P.A.TO JUDGE
rvs/
A.M.SHAFFIQUE, J.
W.P.C.No.13663 OF 2014
Dated this the 20th June, 2014
JUDGMENT
Petitioner had submitted Ext.P5 application for survey of his property for fixation of boundaries as mentioned in Ext.P1 sale deed. The complaint of the petitioner is that despite filing such an application, no action has been taken by the respondent authorities.
The petitioner shall file fresh application in Form No.8 or 10 of the Kerala Survey and Boundaries Rules and on receipt of the same, the respondent authority shall complete the proceedings within a period of three months from the date of receipt of a copy of this judgment.
Sd/A.M.SHAFFIQUE, JUDGE
sd // TRUE COPY // P.A. TO JUDGE
The above judgment is recalled vide order dated 16.09.2014 in RP No.652/2014 in W.P.(C) No. 13663/2014.
1 issue framed by the court
Whether the petitioner's application for survey of property was filed in the proper form as per the Kerala Survey and Boundaries Rules.
T. Radhakrishnan
Additional Tahsildar, Palakkad
Village Officer, Mundoor
Director of Survey and Land Records, Vazhuthacaud
Sivanandan
A.M. Shaifque
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
