Petitioner challenged non-consideration of an application filed under Section 10 of the Kerala Survey and Boundaries Act before the 1st respondent. Court observed authority must dispose pending applications in order of filing. No warrant for mandamus; application marked for expedited consideration.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
WEDNESDAY, THE 29TH DAY OF JULY 2015/7TH SRAVANA, 1937
WP(C).No. 14515 of 2015 (L)
PETITIONER :
U. DEVI AGED 27 YEARS, W/O.N.A.ABEESH, KRISHNA KRIPA, AROOKUTTY P.O. CHERTHALA.
BY ADV. SRI.JESWIN P. VARGHESE
RESPONDENT(S) :
1. THE TALUK SURVEYOR CHERTHALA TALUK, ALAPPUZHA, PIN-688524.
2. THE VILLAGE OFFICER AROOKUTTY VILLAGE, AROOKUTTY P.O.,
CHERTHALA, PIN-688535.
3. THE SUB REGISTRAR SUB REGISTRAR'S OFFICE, PANAVALLY,
POOCHAKKAL P.O., CHERTHALA, PIN-688526.
R1 TO R3 BY GOVT. PLEADER SMT. C.K. SHERIN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn
...2/-
WP(C).No. 14515 of 2015 (L)
APPENDIX
PETITIONERS' EXHIBITS :
EXT. P1 : TRUE COPY OF THE TITLE DEED REGISTERED WITH THE 3RD RESPONDENT AS DOCUMENT NO.205/2012 DT.16-1-2012.
EXT. P2 : TRUE COPY OF THE LOCATION SKETCH PREPARED BY THE 2ND RESPONDENT DT. 01-12-2012.
EXT. P3 : TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER U/S.10 OF THE KERALA SURVEY AND BOUNDARIES ACT BEFORE THE 1ST RESPONDENT DT. 6-5-2015.
RESPONDENT(S)' EXHIBITS : NIL
//TRUE COPY//
P.A. TO JUDGE
Mn
K. VINOD CHANDRAN, J.
===================== W.P.(C) No.14515 of 2015 - L
======================
Dated this the 29th day of July, 2015
J U D G M E N T
The petitioner is aggrieved with the non-consideration of Ext.P3 application filed under Section 10 of the Kerala Survey and Boundaries Act, 1961 before the 1st respondent. The application is seen filed only on 06.05.2015. The authority definitely will have to look at the similar applications pending before it and dispose of the same in accordance with law however taking up for disposal those applications filed earlier in point of time first. No warrant for issuance of mandamus exists as of now. Ext.P3 application shall be taken up for consideration as expeditiously as possible in the manner indicated above.
Writ petition disposed of.
K. VINOD CHANDRAN, JUDGE
SB // true copy //
P.A to Judge.
1 issue framed by the court
Whether a writ of mandamus should be issued to compel the 1st respondent to consider an application filed under Section 10 of the Kerala Survey and Boundaries Act.
1 provisions across 1 enactments
U. Devi
The Taluk Surveyor, Cherthala Taluk
The Village Officer, Arookutty
The Sub Registrar
K.Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
