Disposed

Roshan Kynadi, v. the State of Kerala

Kerala HC7 Feb 2019WP(C)/3628/2019

Case brief

AI extract

What is this about?

In this writ petition concerning 27 acres of land in Koodathai Village, the Court directed the revenue respondents to conduct a survey, measurement, and demarcation of the petitioner's property. The judgment mandated the petitioner to file a fresh application under the Kerala Survey and Boundaries Act, setting a deadline of four months for completion of the process.

What did the court decide?

Petitioner to file fresh application under Kerala Survey and Boundaries Act; respondents to complete survey, measurement, and demarcation within four months of application.

Roshan Kynadi, Vs the State of Kerala — Specific Performance | Kerala HC (2019)

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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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THURSDAY ,THE 07TH DAY OF FEBRUARY 2019/ 18TH MAGHA, 1940

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WP(C).No. 3628 of 2019

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PETITIONER/S:

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ROSHAN KYNADI, AGED 55 YEARS VILLA 74 SLYLINE MEDOWS, ERANJIPALAM, KOZHIKODE-673020.

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BY ADVS. SRI.TOM THOMAS (KAKKUZHIYIL) SRI.JOJU KYNADY

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RESPONDENT/S:

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1 THE STATE OF KERALA, REPRESENTED BY REVENUE SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 TAHSILDAR, THAMARASSERY TALUK, THAMARASSERY, KOZHIKODE DISTRICT-673573.

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3 VILLAGE OFFICER, KOODATHAI VILLAGE OFFICE, NEAR ST. MARY'S JACOBITE SYRIAN CHURCH, MAIKAVU, KODENCHERRY ROAD-673573.

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4 ADDL.R-4 THE TALUK SURVEYOR, KOZHIKODE TALUK, KOZHIKODE DISTRICT (ADDL.R-4 IS SUO MOTU IMPLEADED AS PER ORDER DTD. 7.2.2019 IN W.P.(C).NO.3628/2019)

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OTHER PRESENT:

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SMT.PRIYA SHANAVAZ, GOVT.PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 3628 of 2019

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ALEXANDER THOMAS, J .

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W.P(C).No.3628 Of 2019

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Dated this the 7^th day of February, 2019.

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J U D G M E N T

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The prayers in the above Writ Petition

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(Civil) are as follows:

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“(i) Direct the Respondents to consider and pass an order in Exhibits P4 and P5.

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(ii) Direct the Respondents by issue of a writ of mandamus or such other appropriate writ, direction or order to conduct survey of Petitioners Property; and/or

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(iii)Direct Respondents to provide to the Petitioner a details sketch of Petitioner's property demarcating the boundaries: and/or

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(iv) pass such other orders as are deemed necessary in the facts and circumstances of the case.”

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2. Heard Sri.Tom Thomas Kakkuzhiyil,

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learned counsel for the petitioner and Smt.Priya

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Shanavaz, learned Government Pleader appearing

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for the respondent.

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3. The petitioner claims to be in absolute

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ownership and possession of 27 acres of land

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under rubber cultivation comprised in

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Re.Sy.No.16/1 of Koodathai Village, Kozhikode

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Taluk, Kozhikode Revenue District. The

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petitioner is aggrieved by the delay and inaction

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WP(C).No. 3628 of 2019

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on the part of the respondents in not taking timely steps for conducting survey and measurement of the subject property in accordance with Kerala Survey and Boundaries Act and the Rules framed thereunder. It is pointed out that though the petitioner had earlier filed an application some time in 2012 in the prescribed proforma seeking survey and measurement of the subject property, the petitioner is not having copy of the same and later the petitioner has filed Ext.P-4 letter dated 17.1.2018 reminding the 2^nd respondent for timely action and no further action is forthcoming. Ext.P-1 is the purchase certificate dated 25.4.1977 on the basis of which the petitioner's predecessor has acquired the property. Ext.P-2 is the land tax receipt and Ext.P-3 is the possession certificate in the case of the subject property.

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4. Since what is now produced before this Court is only a reminder letter as per Ext.P-4

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WP(C).No. 3628 of 2019

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and the main application said to have been submitted by the petitioner is no longer traceable it will be only appropriate in the fitness of things that the petitioner files an application under the provisions of the Kerala Survey and Boundaries Act and the Rules framed thereunder for the conduct of survey, measurement and demarcation in respect of the subject property in accordance with those provisions. The petitioner's counsel submits that the petitioner will file a fresh application in the prescribed proforma before the 3^rd respondent with copy to the 4^th respondent-Taluk Surveyor. If such application is so filed by the petitioner, the 2^nd respondent-Tahsildar will immediately take up the said application for consideration and

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will ensure that survey, measurement and demarcation of boundaries of the petitioner's property is got done by the 4^th respondent-Taluk Surveyor in accordance with the abovesaid Act and

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WP(C).No. 3628 of 2019

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the Rules and such survey and measurement should be conducted with due prior notice to the petitioner on the basis of title deeds, old survey records, re-survey records, prior title deeds and any other relevant piece of materials and the Surveyor will give a comprehensive report regarding the outcome of survey, measurement and demarcation of the boundaries of the properties along with a survey sketch. Copy of the report of the Surveyor along with a survey sketch should

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be furnished to the petitioner in advance. Thereafter, the petitioner may file written submissions before the Tahsildar, who will, after affording a reasonable opportunity of being heard to the petitioner will finalise the said application for survey, measurement and demarcation of the boundaries of the property in accordance with the Kerala Survey and Boundaries Act and the Rules framed thereunder. The entire process in this regard should be completed by

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WP(C).No. 3628 of 2019

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respondents 2 to 4 without much delay, preferably within a period of 4 months from the date of submission of such fresh application along with a certified copy of this judgment.

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

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disposed of.

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Sd/- ALEXANDER THOMAS, Judge.

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bkn/-

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WP(C).No. 3628 of 2019

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1: PURCHASE CERTIFICATE NO.1094/1977 DTD. 25.4.1977 BYKODUVALLY LAND TRIBUNAL. EXT.P2: TAX RECEIPT. EXT.P3: POSSESSION CERTIFICATE. EXT.P4: REQUEST LETTER DTD. 17.1.2018. EXT.P5: REQUEST LETTER DTD. 1.6.2012. EXT.P6: COPYOF ACKNOWLEDGEMENT DTDE. 18.1.2018. EXT.P7: COPY OF ACKNOWLEDGEMENT DTD. 8.6.2012.

Roshan Kynadi, v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Roshan Kynadi, v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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