The petitioner challenged the status of his land to rectify survey errors. The Court directed the 6th respondent to examine the petitioner's representation and associated documents on merits within two months.
Direction to the 6th respondent to consider and dispose of Exhibit P5 application on merits within two 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 RAJA VIJAYARAGHAVAN V
MONDAY, THE 09TH DAY OF NOVEMBER 2020 / 18TH KARTHIKA, 1942
WP(C).No.17426 OF 2020(C)
PETITIONER:
BOBAN JOHN, AGED 50 YEARS, S/O. K. E. JOHN, KOLLAMON VILLA, PERUNGALLOOR MURI, EDAMULAKKAL VILLAGE, AYUR P. O., KOLLAM - 691 533.
BY ADV. SRI.B.MOHANLAL
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
TALUK OFFICE, PUNALUR P.O., KOLLAM - 691 305.
SRI BIMAL K NATH, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner states that he is the absolute owner in title and possession of property having an extent 18.77 Ares comprised in Re-Survey No.80/6 in Block No.27 of the Edamulakkal Village. He states that on being alerted by the panchayat authorities that he had trespassed upon Puramboke land lying on the southern side of his property, he approached the respondents 5 and 6 and filed representation seeking to rectify the mistakes in the resurvey records and to change the alignment of the boundary as per the original survey plan and his title deeds. Complaining of inaction, the petitioner is before this Court seeking directions.
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parties, if any. While carrying out measurements, the documents made available by the petitioner shall also be looked into. Orders shall be passed
in consonance with law, expeditiously, at any rate within a period of two
months from the date of receipt of a copy of this judgment.
with the judgment before the concerned respondent for further action at his end.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
NS
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE SALE DEED NO.3747/2005 OF CHADAYAMANGALAM SUB REGISTRY DATED 04.10.2005.
EXHIBIT P2 THE TRUE COPY OF THE TAX RECEIPT ISSUED BY THE 7TH RESPONDENT DATED 21.07.2011 FOR THE PERIOD 2011-2012 TO THE PETITIONER.
EXHIBIT P3 THE TRUE COPY OF THE OWNERSHIP CERTIFICATE NO.E2/579/06 DATED 07.10.2008 ISSUED BY THE SECRETARY, EDAMULAKKAL GRAMA PANCHAYATH TO THE PETITIONER. EXHIBIT P4 THE TRUE COPY OF THE TAX RECEIPT DATED 13.02.2014 ISSUED BY THE SECRETARY, EDAMULAKKAL GRAMA PANCHAYATH FOR THE PERIOD 2013-2014 TO THE PETITIONER.
EXHIBIT P5 THE TRUE COPY OF THE APPLICATION DATED 09.08.2019 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 5 AND 6.
RESPONDENTS EXHIBITS:NIL
//TRUE COPY//
P.A TO JUDGE
2 issues framed by the court
Whether the 6th respondent should be directed to dispose of the petitioner's representation on its merits.
Whether the petitioner's documentary evidence should be examined during the land rectification process.
Boban John
State of Kerala
The District Collector
The District Director, Survey Department
The Assistant Director, Re-Survey
The Tahasildar
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
