High Court directed the District Collector to finalise resurvey proceedings within three months, after obtaining Taluk Surveyor report and affording petitioner opportunity of hearing, under Section 13A Surveys and Boundaries Act.
District Collector directed to finalise proceedings within three months after obtaining Taluk Surveyor report and hearing the petitioner.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
MONDAY, THE 22ND DAY OF SEPTEMBER 2014/31ST BHADRA, 1936
WP(C).No. 2784 of 2014 (W)
PETITIONER(S):
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1. CHANDRIKA, W/O.KUNJACHAN, PALEKKARA VEEDU, PARAKULAM ROAD, ANGAMALI.
2. SOBHANA JOSHI, AGED 45 YEARS, W/O.JOSHI, THATTANPARAMBIL VEEDU, SREEMOLANAGARAM.P.O., KKOOLIKKARA, ERNAKULAM DISTRICT, PIN-683580.
BY ADVS.SMT.SANDHYA RAJU SMT.SYAMA MOHAN
RESPONDENT(S):
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1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, SURVEY AND LAND RECORDS, THIRUVANANTHAPURAM-695 001.
2. THE DISTRICT SURVEY SUPERINTENDENT, SURVEY AND LAND RECORDS, COLLECTORATE, KAKKANAD ERNAKULAM DISTRICT-682 030.
3. THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD, ERNAKULAM DISTRICT-682 030.
4. THE TAHSILDAR, TALUK OFFICE, ALUVA, ERNAKULAM DISTRICT-682014.
BY GOVERNMENT PLEADER SRI.M.MOHAMMED SHAFI.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22-09-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RVS.
WP(C).No. 2784 of 2014 (W)
APPENDIX
| PETITIONER(S)' -------------- |
EXHIBIT -------- |
S : --- |
|
|---|---|---|---|
| EXT.P1.SERIES | A TRUE | COPY OF THE | SCHEDULE. |
| EXT.P2 | A TRU 20.03.2 |
E COPY OF 009. |
THE FORWARDING LETTER DATED |
| EXT.P3 | A TRUE | COPY OF THE | BEARING NO.PLP 1535/2009. |
| EXT.P4 | TRUE CO | PY OF THE | REPRESENTATION DATED 01.03.2010. |
| EXT.P5 | A TRUE | COPY OF THE | ORDER DATED 06.09.2012. |
| EXT.P6 | A TRUE | COPY OF THE | COMPLAINT DATED 09.11.2011. |
| EXT.P7 | A TRUE | COPY OF THE | COMPLAINT DATED 18.03.2013. |
| EXT.P8 | A TRU 29.05.2 |
E COPY O 013. |
F THE REPRESENTATION DATED |
RESPONDENT(S)' EXHIBITS :
------------------------
NIL.
/TRUE COPY/
P.A.TO JUDGE
rvs.
A.MUHAMED MUSTAQUE, J.
= = = = = = = = = = = = = WP(C).No.2784 of 2014-W.
= = = = = = = = = = = = =
Dated this the 22nd day of September, 2014.
J U D G M E N T
The petitioner grievance is that there are some errors
in resurvey conducted by the revenue officials. The petitioner has approached the District Collector, Ernakulam. The application is seems to be under Section 13A of the Surveys and Boundaries Act. It seems that pursuant to the receipt of Ext.P6, the Collector has directed the Taluk Surveyor, Aluva to take necessary action. In view of the above the District Collector is directed to finalise the proceedings after obtaining the report from the Taluk Surveyor and after affording an opportunity of hearing to the petitioner, within a period of three months from the date of receipt of a copy of this judgment.
Sd/A.MUHAMED MUSTAQUE,
Kvs/-
// true copy //
2 issues framed by the court
Whether the District Collector is directed to finalise proceedings on revenue survey errors within three months after obtaining report and hearing.
Whether an opportunity of hearing must be afforded to the petitioner before finalising the resurvey proceedings.
1 provisions across 1 enactments
CHANDRIKA W/O.KUNJACHAN
SOBHANA JOSHI
STATE OF KERALA
THE DISTRICT SURVEY SUPERINTENDENT
THE DISTRICT COLLECTOR
THE TAHSILDAR
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
