This court disposed of a writ petition filed by land owners regarding delay in surveying and demarcating their property. The court directed the respondents to consider survey applications and afford a hearing within three months.
Direction to consider survey applications (Ext.P6), afford hearing, and pass orders 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
FRIDAY, THE 27TH DAY OF MARCH 2015/6TH CHAITHRA, 1937
WP(C).No.6448 of 2015 (E)
PETITIONER'S:
1. MATHEW WILSON,NADUVILKUNNATH HOUSE, CHILAVANNOOR,KADAVANTHARA,ERNAKULAM-682 020.
2. FRANCIS XAVIER,NADUVILKUNNATH HOUSE, CHILAVANNOOR,KADAVANTHARA,ERNAKULAM-682 020.
3. JOHNSON N.T,NADUVILKUNNATH HOUSE, CHILAVANNOOR,KADAVANTHARA,ERNAKULAM-682 020.
BY ADVS.SRI.AUGUSTINE JOSEPH SRI.K.S.ROCKEY
SRI.TONY AUGUSTINE
RESPONDENTS:
1. THE DISTRICT COLLECTOR,IDUKKI-685 613.
2. THE TAHSILDAR,TALUK OFFICE,DEVIKULAM,IDUKKI-685 613.
3. THE VILLAGE OFFICER,PALLIVASSAL,IDUKKI-685 565.
4. THE SURVEYOR,TALUK OFFICE,DEVIKULAM,IDUKKI-685 613.
5. STATE OF KERALA,REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
pk
WP(C).No.6448 of 2015 (E)
APPENDIX
PETITIONER'S EXHIBITS:
RESPONDENT'S EXHIBITS:
NIL
//TRUE COPY//
P.S. TO JUDGE
pk
P.R.RAMACHANDRA MENON, J.
=========================
W.P.(C) No.6448 of 2015
============================ Dated this the 27th day of March, 2015
ORDER
The petitioners have approached this Court with the following
prayers:
iii) Allow this writ petition with costs.
petitioners are having the ownership, possession and title over the property concerned, which is situated in a hilly area. A portion of the property was acquired in the year 2007, in favour of the Kerala State Electricity Board. Subsequently, the petitioners submitted an application, way back in the year 2010, vide Ext.P6 series, for causing the balance land to be surveyed and demarcated. The petitioners were, in fact, called for a survey
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W.P(C) No.6448 of 2015
adalath in the year 2012. But, the matter is still to be finalised and hence, the writ petition.
The petitioners shall produce a copy of the judgment along with a copy of the writ petition before the concerned respondent for further steps.
Sd/-
P.R.RAMACHANDRA MENON, JUDGE
vdv
3 issues framed by the court
Whether the respondents are directed to survey and demarcate the petitioners' pending land within three months.
Whether an opportunity of hearing must be afforded to the petitioner before passing orders on survey applications.
Whether the writ petition is to be allowed with costs.
Mathew Wilson and others
The District Collector, Idukki and others
P.R. Ramachandra Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
