Disposed

John Chacko v. State of Kerala

Kerala HC8 Jul 2021WP(C)/12519/2021

Case brief

AI extract

What is this about?

The Kerala High Court disposed of a writ petition filed by a landowner challenging non-action on his rectification application regarding resurvey record duplication. The court directed the Taluk Surveyor (3rd respondent) to finalise the pending application within two months with proper notices to affected parties.

What did the court decide?

Directing the 3rd respondent to finalise the pending Ext.P9 application within two months with notice to the petitioner and affected parties.

John Chacko Vs State of Kerala — Land Acquisition | Kerala HC (2021)

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WP(C) NO. 12519 OF 2021

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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 RAJA VIJAYARAGHAVAN V

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THURSDAY, THE 8^TH DAY OF JULY 2021 / 17TH ASHADHA, 1943

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WP(C) NO. 12519 OF 2021

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PETITIONER/S:

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JOHN CHACKO, AGED 60 YEARS, S/O. CHACKO, RESIDING AT PLANAKKATTU CHARUVIL POOMALA P.O, PENNUKKARA VADAKKU MURI, ALA VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT-689 121.

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BY ADVS. K.SHAJ RENJIT GEORGE C.IJLAL UMMUL FIDA ARUN CHAND VINAYAK G MENON BHARAT VIJAY P. MAJID MUHAMMED K. ANANDU R. NEERAJA GOWRI A.S

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RESPONDENT/S:

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1 STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2 THE DISTRICT COLLECTOR, COLLECTORATE , CIVIL STATION, ALAPPUZHA DISTRICT-688 001. 3 TAHSILDAR (LAND RECORDS), TALUK OFFICE, CHENGANNUR, ALAPPUZHA DISTRICT-689 121. 4 VILLAGE OFFICER, VILLAGE OFFICE, OTTAPPES-CHERIYANAD RD, ALA, CHENGANNUR, ALAPPUZHA DISTRICT-689 121.

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WP(C) NO. 12519 OF 2021

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SMT K AMMINIKUTTY, SR GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 12519 OF 2021

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J U D G M E N T

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The petitioner states that he is the absolute owner in title and possession of property having an extent of 12.95 Ares in Re Sy.No.399/8-1 in Block No.13 of Ala village, Chengannur Taluk. He contends that certain mistakes have crept into the resurvey records and in the said circumstances he had filed Ext.P9 application before the 3rd respondent. His grievance is that no action has been taken on the same. It is in the afore circumstances that he has approached this Court seeking directions.

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The learned Government Pleader on instructions submitted that a detailed enquiry was carried out and it was found that there is some duplication in the resurvey in Sub Division No.399/8 and this fact was discernible from the Field Measurement Book. It is submitted that the Taluk Surveyor had inspected the property and a proposal was sent to the 3rd respondent to carry out the rectification. It is further submitted that the parties were directed to appear before the 3rd respondent on 14.07.2021. It is submitted that the proceedings can be finalised within a period of two months.

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Having considered the facts and circumstances and the submissions made across the Bar, this writ petition is disposed of directing the 3rd respondent to take up Ext.P9 application pending before the said authority and

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WP(C) NO. 12519 OF 2021

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finalise the same, with notice to the petitioner and affected parties if any, strictly in accordance with law, expeditiously, in any event, within a period of

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two months from the date of production of a copy of this judgment.

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Petitioner shall produce a copy of the writ petition along with this judgment before the 3rd respondent to ensure compliance.

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Sd/-

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RAJA VIJAYARAGHAVAN V,

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JUDGE

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IAP

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WP(C) NO. 12519 OF 2021

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APPENDIX OF WP(C) 12519/2021

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PETITIONER(S) EXHIBITS:

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Exhibit P1	TRUE COPY OF THE SALE DEED NO. 2618/1989 OF THE CHENGANNUR S.R.O.
Exhibit P2	TRUE COPY OF THE LAND TAX RECEIPT OF THE YEAR 1992.
Exhibit P3	TRUE COPY OF THE RESURVEY PLAN FOR THE PERTINENT AREA.
Exhibit P4	TRUE COPY OF THE RECTIFICATION DEED NO. 2165/1995 OF THE CHENGANNUR S.R.O ON 07.08.1995.
Exhibit P5	TRUE COPY OF THE LAND TAX RECEIPT FOR THE YEAR 2016.
Exhibit P6	TRUE COPY OF THE LAND TAX RECEIPT FOR THE YEAR 2019.
Exhibit P7	TRUE COPY OF THE GEHAN SUBMITTED BEFORE THE THIRUVALLA PRIMARY COOPERATIVE AGRICULTURAL DEVELOPMENT BANK LTD., BY THE PETITIONER.
Exhibit P8	TRUE COPY OF THE ENCUMBRANCE CERTIFICATE UPON THE PROPERTY OF THE PETITIONER.
Exhibit P9	TRUE COPY OF THE APPLICATION FOR RECTIFICATION DATED 10.07.2020 SUBMITTED TO THE 3RD RESPONDENT BY THE PETITIONER.
Exhibit P10	TRUE COPY OF THE COMMUNICATION DATED 30.07.2020 SENT TO THE ADDITIONAL TAHSILDAR (L.R), CHENGANNUR TALUK BY THE PETITIONER.
Exhibit P11	TRUE COPY OF THE COMPLAINT DATED 05.08.2020 SUBMITTED TO THE 2ND RESPONDENT BY THE PETITIONER.
Exhibit P12	TRUE COPY OF THE COMMUNICATION DATED 20.08.2020 SENT TO THE 3RD RESPONDENT BY THE

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WP(C) NO. 12519 OF 2021

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2ND RESPONDENT.

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Exhibit P13 TRUE COPY OF THE PETITION DATED 27.01.2021 FILED BEFORE THE CHIEF MINISTER'S SWANTHANAMCOMPLAINT REDRESSAL ADALATH BY THE PETITIONER. Exhibit P14 TRUE COPY OF THE MEMO SHOWING THE FILE NUMBER OF THE PETITION BY THE SWANTHANAM-COMPLAINT REDRESSAL ADALATH. Exhibit P15 TRUE COPY OF THE REMINDER DATED 16.02.2021 SENT TO THE 3RD RESPONDENT BY THE PETITIONER.

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RESPONDENT(S) EXHIBITS: NIL

John Chacko v. State of Kerala

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John Chacko v. State of Kerala

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