Disposed

Kunjumon Zachariah, v. Tahsildar

Kerala HC19 Jul 2021WP(C)/14306/2021

Case brief

AI extract

What is this about?

In this writ petition, the High Court of Kerala directed the Tahsildar to finalize the survey proceedings initiated under Form No. 10 of the Survey and Boundaries Rules within three months, with notice to the petitioner and affected parties.

What did the court decide?

Directed the 1st respondent to finalize the proceedings initiated under Ext.P7 within three months with notice to the petitioner and affected parties.

Kunjumon Zachariah, Vs Tahsildar — Land Acquisition | Kerala HC (2021)

¶1

WP(C) NO. 14306 OF 2021

¶2

¶3

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4

PRESENT

¶5

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

¶6

MONDAY, THE 19^TH DAY OF JULY 2021 / 28TH ASHADHA, 1943

¶7

WP(C) NO. 14306 OF 2021

¶8

PETITIONER/S:

¶9

KUNJUMON ZACHARIAH, VALIAKUNNACKAL HOUSE, CHENGALAM P.O., KOTTAYAM-686 022, NOW AT 7801, BROOKHAVEN AVE. DARIERN, ILLINOIS-60561, BEING REPRESENTED BY HOLDER OF POWER OF ATTORNEY SURESH MATHEW, NEDUMCHIRA HOUSE, S.H.MOUNT P.O., KOTTAYAM-686 006.

¶10

BY ADV MATHEW PHILIP EDAPPALLIL

¶11

RESPONDENT/S:

¶12

1 TAHSILDAR, MINI CIVIL STATION, UNION CLUB ROAD, KOTTAYAM-686 001.

¶13

2 DIRECTOR OF SURVEY AND LAND RECORDS, SURVEY BHAVAN, COTTON HILLS, VAZHUTHACAUD, TRIVANDRUM-695 014.

¶14

SMT. A.C. VIDHYA, GP

¶15

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

WP(C) NO. 14306 OF 2021

¶17

¶18

JUDGMENT

¶19

On the strength of Ext.P4 sale certificate issued by the Recovery Officer, Debt Recovery Tribunal, Kochi, the petitioner became the absolute owner of property admeasuring 38.250 cents in Muttambalam village. He is also the owner in title and possession of property having an extent of 0.1232 Hectares in Block No.75 in Sy. No. 59 of Muttambalam Village. It is the case of the petitioner, the extent of the property covered under Ext.P4 is seen reduced by about 2.74 cents and he has been permitted to remit tax only for the reduced

¶20

extent of 35.50 cents as is evident from Ext.P5 receipt. In the said circumstances, the petitioner is stated to have submitted Ext.P7 application in Form No. 10 of the Survey and Boundaries Rules for pointing out the boundaries of registered land already demarcated and surveyed. The petitioner contends that though the application was filed on 14.2.2020 before the 1st respondent, the proceedings have not been finalized till date. It is in the afore circumstances that the petitioner is before this Court seeking directions to the 1st respondent to finalize Ext.P7 and for incidental reliefs.

¶21

I have heard Sri. Mathew Philip, the learned counsel appearing for the petitioner and Smt. A.C.Vidya, the learned Government Pleader.

¶22

Having regard to the facts and circumstances and the submissions

¶23

WP(C) NO. 14306 OF 2021

¶24

¶25

made across the Bar, this writ petition is disposed of directing the 1st respondent to finalize the proceedings initiated on the basis of Ext.P7, with notice to the petitioner and affected parties, if any, expeditiously, in any event, within a period of three months from the date of production of a copy of this judgment.

¶26

The petitioner shall produce a copy of the writ petition along

¶27

with this judgment before the 1st respondent to ensure compliance.

¶28

Sd/-

¶29

RAJA VIJAYARAGHAVAN V

¶30

JUDGE

¶31

¶32

WP(C) NO. 14306 OF 2021

¶33

¶34

APPENDIX OF WP(C) 14306/2021

¶35

PETITIONER(S) EXHIBITS

¶36

EXHIBIT P1	TRUE COPY OF THE POWER OF ATTORNEY DATED 02.09.2019 EXECUTED BY THE PETITIONER.
EXHIBIT P2	TRUE COPY OF SALE DEED NO.2610/2005 DATED 12.09.2005 IN FAVOUR OF PETITIONER.
EXHIBIT P3	TRUE COPY OF BASIC TAX RECEIPT DATED 21.08.2019 OF MUTTAMBALAM VILLAGE, KOTTAYAM TALUK.
EXHIBIT P4	TRUE COPY OF CERTIFICATE OF SALE OF IMMOVABLE PROPERTY DATED 15.10.2009 OF THE RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL, KOCHI.
EXHIBIT P5	TRUE PHOTOCOPY OF BASIC TAX RECEIPT DATED 23.09.2013 OF MUTTAMBALAM VILLAGE, KOTTAYAM TALUK.
EXHIBIT P6	TRUE PHOTOCOPY OF THE SURVEY SKETCH DATED 02.09.2019.
EXHIBIT P7	TRUE PHOTOCOPY OF APPLICATION FOR POINTING OUT BOUNDARY OF REGISTERED LAND DATED 14.02.2020.

¶37

RESPONDENT(S) EXHIBITS : NIL

Kunjumon Zachariah, v. Tahsildar

Case brief

What is this about?

What did the court decide?

Kunjumon Zachariah, v. Tahsildar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Joy Vs Suhas S., IAS

Kunjamma Wilfred Vs Rajan Aramana

Saurabh Varghese Vs State of Kerala

Malaichamy Vs State of Kerala

Anish Lal Vs the District Collector

Pullath Samad Vs the District Police Chief Malappuram