Disposed

Baiju Kumar v. the Tahasildar

Kerala HC9 Jul 2018WP(C)/17505/2018

Case brief

AI extract

What is this about?

The petitioner filed a writ petition seeking a directed survey and demarcation of property belonging to his deceased parents. The Court, noting that the authorities had already decided to conduct the survey, directed the Respondents to commence and complete the process within four months and serve necessary notices to affected parties.

What did the court decide?

Directing Respondents to complete the survey and demarcation of the property within four months and serve notices to affected parties.

Baiju Kumar Vs the Tahasildar — Land Acquisition | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

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MONDAY, THE 9TH DAY OF JULY 2018 / 18TH ASHADHA, 1940

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WP(C).No. 17505 of 2018

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-----------------------

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PETITIONER

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BAIJU KUMAR, S/O.LATE SREEDHARAN, AGED 55 YEARS,USHUS, SNEHA NAGAR 11, ERAVIPURAM PO, KOLLAM

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BY ADV.SRI.B.MOHANLAL

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RESPONDENT(S):

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1. THE TAHASILDAR, LAND RECORDS TALUK OFFICE, KOLLAM 691001

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2. THE TALUK SURVEYOR, TALUK OFFICE, KOLLAM 691001

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3. THE VILLAGE OFFICER, KOLLAM EAST VILLAGE, KOLLAM 691001

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4. THE STATION HOUSE OFFICER, KOLLAM EAST POLICE STATION, KOLLAM 691001

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BY SENIOR GOVERNMENT PLEADER SRI SAIGI JACOB PALATTY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-07-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.V.

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WP(C).No. 17505 of 2018 (K)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1	THE TRUE COPY OF THE REPORT NO. P3-7254/17 DATED 03.06.2017 SENT BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT
EXHIBIT P2	THE TRUE COPY OF THE ORDER NO. C3-5619/17 DATED 28.06.2017 ISSUED BY THE 1ST RESPONDENT
EXHIBIT P3	THE TRUE COPY OF THE COMMUNICATION NO. C3-7254/2017 DATED 21.12.2017 ISSUED BY THE 1ST RESPONDENT
EXHIBIT P4	THE TRUE COPY OF THE APPLICATION DATED 05.02.2018 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT
EXHIBIT P5	THE TRUE COPY OF THE NOTICE PB.NO. 3/7254/17 DATED 13.04.2018 ISSUED BY THE 2ND RESPONDENT
EXHIBIT P6	THE TRUE COPY OF THE NOTICE C3-7254/17 DATED 19.05.2018 ISSUED BY THE 2ND RESPONDENT
EXHIBIT P7	THE TRUE COPY OF THE APPLICATION DATED 25.05.2018 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT
RESPONDENTS ------------	EXHIBITS: NIL --------

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/TRUE COPY/ K.V. P.S.TO JUDGE 9.07.2018

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ALEXANDER THOMAS, J.

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========================

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W.P.(C)No.17505 of 2018

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========================= Dated this the 09^th day of July, 2018

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JUDGMENT

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The prayers in this Writ Petition (Civil) are as follows:

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“(i) To issue a writ of mandamus or any other appropriate writ, order or direction commanding the Respondents to conduct Survey and demarcate 25.09 Ares of property comprised in Sy.No:10563/26 and 10563/26-2 of Kollam East Village belongs to the Petitioner's parents Late Sri.Sreedharan and Smt.Nalini as per the Provisions of the Survey Manual and Survey and Boundaries Act with the aid of the 4^th Respondent within a stipulated time as directed by this Hon'ble Court.

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(ii) To declare that the Petitioner is entitled to get Survey and demarcate 25.09 Ares of property comprised in Sy.No:10563/26 and 10563/26-2 of Kollam East Village belongs to the Petitioner's parents Late Sri.Sreedharan and Smt.Nalini as per the Provisions of the Survey Manual and Survey and Boundaries Act.

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(iii) To issue such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case.”

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2. Heard Sri.B.Mohan Lal, learned counsel appearing for

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the petitioner and Sri.Saigi Jacob Palatty, learned Sr.Government

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Pleader appearing for the respondents.

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W.P.(C)No.17505 of 2018

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When the matter had come up for consideration on previous occasions, this Court has requested the Sr.Government Pleader to get instructions from the competent authority of the respondents. Now, it is pointed out that it has been decided by that authority to conduct survey relating to the abovesaid property and intimations in that regard were already given to the 3^rd respondent Village Officer so as to serve notices on the parties concerned and further that, all earnest and sincere efforts would be taken on the part of the respondents 1 to 3 to complete the process at an early date. Accordingly, it is ordered that steps in that regard should be commenced and completed by the respondents 1 to 3 without any further delay and notice of intimations should be given to the petitioner and any other affected parties so as to conduct the survey of the property and its measurement and identification of the boundaries and action in that regard should be duly finalised by respondents 1 to 3, within 4 months from the date of production of the certified copy of this judgment. The petitioner will produce the certified copy of this judgment before the respondent Tahsildar (Land Records), Kollam, for necessary information. The office of the Advocate General will also furnish copy of this judgment to the

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W.P.(C)No.17505 of 2018

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respondents concerned for necessary information.

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With these observations and directions, the above Writ Petition (Civil) will stand finally disposed of.

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Sd/-

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ALEXANDER THOMAS, JUDGE

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vgd/11.07.18

Baiju Kumar v. the Tahasildar

Case brief

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Baiju Kumar v. the Tahasildar

Case brief

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