Petition sought survey of land. Court directed Tahsildar and Taluk Surveyor to measure petitioner's property after issuing notices to adjacent owners, with opportunity for objection under the Kerala Survey and Boundaries Act.
Directed respondents 1 and 2 to measure petitioner's property after issuing notice to adjacent owners within three months
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI
THURSDAY, THE 5TH DAY OF FEBRUARY 2015/16TH MAGHA, 1936
WP(C).No. 10066 of 2012 (G)
PETITIONER(S):
SIVAPRASATH, AGED 40 YEARS, S/O. BALAKRISHNAN, PARADISE HOUSE, DOOR NO. X/525, AMARAVATHI, FORT KOCHI, REPRESENTED BY MRS.GOURI RAO, 48/48, MAGEERAM, JANMABHOOMI LANE, ELAMAKKARA, KOCHI-26.
BY ADV. SRI.N.K.MOHANLAL.
RESPONDENT(S):
1. TAHSILDAR, KANAYANNUR TALUK, ERNAKULAM-682 011.
2. TALUK SURVEYOR, KANAYANNUR TALUK, ERNAKULAM-682 011.
3. NIRMALA, THANNIKKAL WEST, ELAMAKKARA. P.O., KOCHI-682 026.
4. KAMALAKSHY VARADARAJ, THANNIKKALPARAMBU, ELAMAKKARA. P.O., KOCHI-682 026.
5. JOY, MALIAKKAL, THANNIKKAL WEST, ELAMAKKARA. P.O., KOCHI-682 026.
R1 & R2 BY GOVT. PLEADER SMT.SUNITHA VINOD. R3 BY ADVS. SRI.C.A.MAJEED, SRI.K.H.ASIF. R4 BY ADV. SMT.M.HEMALATHA.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
WP(C).No. 10066 of 2012 (G)
APPENDIX
PETITIONER'S EXHIBITS:-
EXT.P1 COPY OF THE NOTICE NO.S1/10824 ISSUED BY 2ND RESPONDENT.
RESPONDENT'S EXHIBITS:-
EXT.R4A COPY OF THE JUDGMENT DATED 18/12/2007 ION A.S. NO.369/2007. EXT.R4B COPY OF THE COMMISSION REPORT TO EXT.C1. EXT.R4C COPY OF THE COMMISSION REPORT AS EXT.C2.
EXT.R4D COPY OF THE PLAN AS EXT.C2(A).
//TRUE COPY//
P.S. TO JUDGE
rs.
A.V.RAMAKRISHNA PILLAI, J
WPC No.10066 of 2012
Dated this the 5th day of February, 2015
JUDGMENT
The petitioner alleges that he is the absolute owner
in possession of an extent of 26.838 cents of land comprised in Sy.No.213/1/B, 1/C in Edappally South Village as per the Partition Deed of Edappally Sub Registry Office.
WPC No.10066/2012 2
WPC No.10066/2012 3
possession and enjoyment of certain property, the 4th respondent says that she is having possession of 38 cents of property and a competent civil court has approved the identification of the property by the commissioner deputed in the suit. It is not disputed that the property of the petitioner as well as the property of the 4th respondent are lying adjacent. The petitioner wants to get the boundaries of his property as well as the adjoining properties identified and fixed by a proper measurement for which he approached the second respondent. There cannot be any dispute for getting the petitioner's property measured by a competent surveyor.
Therefore, this writ petition is disposed of directing respondents 1 and 2 to measure out the petitioner's property after issuing notice to the adjacent property owners. If the 4th respondent has any objection, it shall be open to her to approach the appellate authority as per the provisions under the Kerala Survey and Boundaries Act. This exercise shall be completed within a period of three months from the date of receipt of a copy of this
WPC No.10066/2012 4
judgment. The measurement after issuing notice shall be
completed within a period of three months from the date
of receipt of a copy of this judgment.
sd/- A.V.RAMAKRISHNA PILLAI JUDGE
css/ true copy
P.S.TO JUDGE
Sivaprasath
Tahsildar, Kanayannur Taluk
Taluk Surveyor, Kanayannur Taluk
Nirmala
Kamalakshy Varadaraj
Joy
A.V.Ramakrishna Pillai
As recorded by the court registry
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