Disposed

Rajendran v. Tahisildar

Kerala HC16 Jan 2019WP(C)/765/2019

Case brief

AI extract

What is this about?

The Hon'ble Kerala High Court directed respondents to conduct survey and demarcation of petitioners' property using litho maps and other documents within two months, ensuring prior notice and reporting to the petitioners, ultimately remitting the matter for final determination.

What did the court decide?

Respondents directed to conduct survey and measurement using litho maps within two months, provide report to petitioners, and finalize the application.

Rajendran Vs Tahisildar — Land Acquisition | 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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WEDNESDAY, THE 16TH DAY OF JANUARY 2019 / 26TH POUSHA, 1940

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WP(C).No. 765 of 2019

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PETITIONERS:

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1 RAJENDRAN

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VELIYIL,C.M.C.NO.8, CHERTHALA.P.O,ALAPUZHA DISTRICT. 2 KOUSALYA, VELIYIL VEETTIL,C.M.C.WARD NO.8, CHERTHALA.P.O, KOKOTHAMANGALAM VILLAGE.

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BY ADVS. SRI.K.G.PAVITHRAN & SRI.V.N.SUBHANGAN

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RESPONDENTS:

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1 TAHISILDAR TALUK OFFICE, CHERTHALA-688001. 2 TALUK SURVEYOR TALUK OFFICE, CHERTHALA-688001. SRI.JESTIN MATHEW, GOVT.PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ALEXANDER THOMAS, J. --------------------------------W.P.(C)No. 765 of 2019

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Dated this the 16^th day of January, 2019

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J U D G M E N T

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The prayers in the above Writ Petition (Civil) are as follows:-

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“

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i. call for the records relating to Exhibit P1 to P7 and peruse them;

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ii. issue a writ of mandamus or any other appropriate writ direction or order to the respondents to carry out the survey of the property of the petitioners and make Sub Divisions within a time specified by this Hon'ble Court;

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iii.award costs of the petitioners in this proceedings; iv.issue such other writ, direction or order deemed just and proper in the circumstances of the case. ”

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Heard Sri.K.G.Pavithran, learned counsel appearing for the petitioners and Sri.Jestin Mathew, learned Government Pleader appearing for the respondents.

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The petitioners have filed Ext.P-3 application dated 12.4.2016 before the 1^st respondent Tahsildar, Cherthala seeking survey and sub division of the property. Though the petitioners have approached the 1^st respondent Tahsildar several times, they are informed that survey can be conducted only after receipt of survey records. Further that the District Survey Officer and the Central Survey authorities have taken the stand as evident from Exts.P-6 & P-7 that the survey records in respect of the property in question are not available either at the District Survey Office or at

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W.P.(C).No.765/2019

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..3..

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the Central Survey Office. The petitioners would point out that the District Survey Office and the Central Survey Office are legally bound to keep such records as they are the custodian of such official records. Further that in the absence of survey records, stand taken by the 1^st respondent that he cannot conduct survey without those records is also illegal and improper. That the 1^st respondent has the statutory duty to keep such records and have failed in statutory duties. In the alternative, the 1^st respondent is duty bound to ensure that such request for survey and sub division is considered and effectuated by taking resolve to other alternative methods to measure and demarcate the property as per the norms and consistent practice in that regard. It is in the light of these factual averments, that the petitioners have filed the instant Writ Petition with the prayer to complete survey by adopting alternate methods as per the consistent norms and practice in case the respondents do not have the survey records.

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The learned Government Pleader was requested to get instructions in the matter as to whether the survey records are available either at the Taluk level, District Survey Office or Central

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..4..

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W.P.(C).No.765/2019

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Survey Office and that if none of the offices have these survey records, then as to how survey and measurement is to be carried out as per the norms and consistent practice in that regard.

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Now the learned Government Pleader has been furnished written instructions dated 14.1.2019 issued by the 1^st respondent Tahsildar, wherein it is stated that the petitioners had filed application before the 1^st respondent praying for survey and demarcation of property comprised in Sy.No.203/8-B1 of Kokkothamangalam Village on 12.4.2016, that the 1^st respondent had forwarded the application to Village Officer, Kokkothamangalam for revenue list and collected the same from the Village Officer. But that the survey sketch of survey number 203/8-B1 is not available in that office or in the office of the District Survey Superintendent, Alappuzha or the Central Survey Officer, Thiruvananthapuram. And that only due to lack of availability of survey plan, that the 1^st respondent could not conduct and complete the process of survey. Further it is stated therein that, as per the provisions of the Survey and Boundaries Act, sketch is needed for measurement and due to its non

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..5..

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W.P.(C).No.765/2019

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availability steps should be taken for its completion with the help of litho map and document.

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In the light of these aspects, it is ordered that the respondents will ensure that further steps for survey and measurement are taken to effectuate the request made by the petitioner in Ext.P-3 application on the basis of litho map and other documents and such survey and measurement should be conducted by the 2^nd respondent Surveyor with due prior notice to the petitioners and the 2^nd respondent Taluk Surveyor should ensure that a report on the outcome of the survey, measurement and demarcation of petitioners' property is effectuated as envisaged in the Act and the Rules and a copy of this report along with copy of survey sketch is also to be given to the petitioners in advance, thereafter the petitioners may submit written submissions in the matter before the 1^st respondent Tahsildar, who thereafter grant reasonable opportunity being heard to the petitioners and then will finalise the request made by the petitioners in Ext.P-3 application in accordance with the provisions contained in the Kerala Survey and Boundaries Act and

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W.P.(C).No.765/2019

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..6..

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Rules framed thereunder. The entire process in this regard should be duly completed by the respondents without much delay preferably within a period of 2 months from the date of production of a certified copy of this judgment.

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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

MMG

W.P.(C).No.765/2019

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APPENDIX

PETITIONERS' EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE RELAEASE DEED NO.1141/2013 DATED 20.4.2003

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EXHIBIT P2 TRUE COPY OF THE RELEASE DEED NO.1142/2013 DATED 20.4.2003

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EXHIBIT P3 TRUE COPY OF THE PETITION FOR SURVEY OF THE PROPERTY AND FIXING THE BOUNDARY SUBMITTED BY THE 1ST PETITIONER DATED 12.4.2016.

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EXHIBIT P4 TRUE COPYU OF THE TAX RECEIPT DATED 1.10.18 FOR THE YEAR 2018-2019 IN THE NAME OF THE 1ST PETITIONER.

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EXHIBIT P5 TRUE COPY OF THE BASIC TAX RECEIPT OF THE PROPERTY OF THE 2ND PETITIONER FOR THE PERIOD 2018-19 WAS ACCEPTED UNDER RECEIPT DATED 1.10.2018.

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EXHIBIT P6 TRUE COPY OF THE LETTER NO.27957/26 DATED 17.03.2017 SENT BY THE ADDL.TAHSILDAR, TALUK OFFICE,CHERTHALA TO THE DEPUTY DIRECTOR,CENTRAL SURVEY OFFICE, TRIVANDRUM.

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EXHIBIT P7 TRUE COPY OF THE LETTER NO.B311820/17/L.DIS.DATED 8.11.2017,CENTRAL SURVEY OFFICE, TRIVANDRUM TO THE 1ST PETITIONER.

Rajendran v. Tahisildar

Case brief

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Rajendran v. Tahisildar

Case brief

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