Disposed

Antony Luiz v. the District Collector

Kerala HC20 Jan 2022WP(C)/2024/2022

Case brief

AI extract

What is this about?

In a petition challenging delays in revenue record corrections, the Ernakulam Bench of the Kerala High Court directed the Tahsilders to process the petitioner's application for boundary demarcation under the Kerala Surveys and Boundaries Act, 1964, within two months.

What did the court decide?

Directed third respondent to consider the petitioner's Form No.10 application and demarcate property boundaries within two months of receiving the judgment copy.

Antony Luiz Vs the District Collector — Property and Title | Kerala HC (2022)

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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 DEVAN RAMACHANDRAN

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THURSDAY, THE 20^TH DAY OF JANUARY 2022 / 30TH POUSHA, 1943

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WP(C) NO. 2024 OF 2022

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PETITIONER:

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ANTONY LUIZ AGED 76 YEARS S/O.PAUL LUIZ, KADEPPARAMBIL HOUSE, MOOLAMPILLY P.O., ERNAKULAM DISTRICT, PIN - 682 027.

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BY ADVS. SHERRY J. THOMAS JOEMON ANTONY SUJAN.A

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR COLLECTORATE, CIVIL STATION, KAKKANAD, ERNAKULAM, PIN - 682 030.

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2 THE TAHSILDAR KANAYANNUR TALUK OFFICE, PARK AVE, NEAR SUBHASH PARK, MARINE DRIVE, ERNAKULAM, PIN - 682 011.

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3 THE TAHSILDAR (LR) KANAYANNUR TALUK, OFFICE, PARK AVE, NEAR SUBHASH PARK, MARINE DRIVE, ERNAKULAM, PIN - 682 011.

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4 THE VILLAGE OFFICER KADAMAKKUDY VILLAGE OFFICE, KADAMAKKUDY P.O., ERNAKULAM - 682 027.

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SMT.M.ANIMA.G.P.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No. 2024 of 2022

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JUDGMENT

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Dated this the 20th day of January, 2022 .

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The singular plea of the petitioner in this case is that respondents 2 and 3 be directed to take up Ext.P5 application of his, made under the provisions of the Kerala Surveys and Boundaries Act, 1964, thus leading to correction affect correction of entries in the Revenue Records and to point out the boundaries of his property covered Ext.P1 title document, within a time frame to be fixed by this Court.

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The afore request of Sri.Sherry J.Thomas – learned counsel for the petitioner was answered by Smt.Mable C.Kurian – learned Senior Government Pleader, saying that if the petitioner only requires Ext.P5

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W.P.(C) No. 2024 of 2022

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to be disposed of as per law, she will not stand in the way; but prayed that this Court may not make any affirmative declarations on the entitlement of the petitioner to any relief and leave it to be decided by the competent Authority, in terms of law. She then added that, should the third respondent find that he is not the competent Authority, he may also be given liberty to forward Ext.P5 to such Authority, so that necessary action can be completed.

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Taking note of the afore submissions, I order this writ petition and direct the third respondent, or such other competent Authority, to take up Ext.P5 application of the petitioner and dispose of the same, affording him an opportunity of being heard; thus culminating in an appropriate order and necessary action thereon, including for pointing out the boundaries of his property

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W.P.(C) No. 2024 of 2022

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covered by Ext.P1 title document, as expeditiously as is possible, but not later than two months from the date of receipt of a copy of this judgment.

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Sd/DEVAN RAMACHANDRAN JUDGE

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Raj/20.01.2022.

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W.P.(C) No. 2024 of 2022

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PETITIONER EXHIBITS

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`Exhibit P1`	`THE TRUE COPY OF THE PATTA NO.721` `DATED 2/6/1970.`
`Exhibit P2`	`THE TRUE COPY OF THE TAX RECEIPT DATED` `28/3/2001 ISSUED FROM THE 4TH` `RESPONDENT OFFICE.`
`Exhibit P3`	`THE TRUE COPY OF THE PARTITION DEED` `NO.3145/2003 EXTENDED WITH THE` `PETITIONER AND HIS BROTHER DATED` `26/09/2003.`
`Exhibit P4`	`THE TRUE COPY OF THE PAYMENT OF TAX` `RECEIPT DATED 21/06/2021 ISSUED FROM` `THE 4TH RESPONDENT OFFICE VIDE` `TANDAPER NO.5924.`
`Exhibit P4A`	`THE TRUE COPY OF THE PAYMENT OF TAX` `RECEIPT OF PETITIONER'S BROTHER DATED` `21/6/2021 ISSUED FROM THE OFFICE 4TH` `RESPONDENT VIDE TANDAPER NO.4541.`
`Exhibit P5`	`THE TRUE COPY OF THE FORM NO.10` `SUBMITTED BY THE PETITIONER TO 3RD` `RESPONDENT OFFICE DATED 8/9/2021.`
`Exhibit P6`	`THE TRUE COPY OF THE RECEIPT ISSUED` `FROM THE 3RD RESPONDENT TAHSILDAR (LR)` `VIDE NO.S1/15864/21 DATED 17/9/2021.`

Antony Luiz v. the District Collector

Case brief

What is this about?

What did the court decide?

Antony Luiz v. the District Collector

Case brief

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What did the court decide?

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