Disposed

Nandakumar v. the District Collector, Thiruvananthapuram

Kerala HC18 Nov 2022WP(C)/26329/2022

Case brief

AI extract

What is this about?

High Court of Kerala addressed a writ petition seeking survey plans demarcating inter se boundaries of petitioners' properties. The court directed respondents to issue measurement sketches from previous encroachment proceedings distinguishing property boundaries from the public road and allows individual boundary plans if available.

What did the court decide?

Directed respondents to issue measurement sketches demarcating property boundaries from the public road within three weeks.

Nandakumar Vs the District Collector… — Municipal and Town Planning | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE T.R.RAVI

¶4

FRIDAY, THE 18^TH DAY OF NOVEMBER 2022 / 27TH KARTHIKA, 1944

¶5

WP(C) NO. 26329 OF 2022

¶6

PETITIONERS:

¶7

1 NANDAKUMAR AGED 45 YEARS, SON OF VELUKUTTY.P.N., T.C. 48/9, KETTIDATHIL VEEDU, AMBALATHARA, POONTHURA.P.O., THIRUVANANTHAPURAM, PIN - 695026 2 GEETHAKUMARI.B. AGED 63 YEARS, DAUGHTER OF BHAGEERATHI.L., T.C.48/10, AMBALATHARA, POONTHURA.P.O., THIRUVANANTHAPURAM, PIN - 695026 3 SREEKUMARI.B. AGED 53 YEARS DAUGHTER OF BHAGEERATHI.L., T.C.48/10(1), AMBALATHARA, POONTHURA.P.O., THIRUVANANTHAPURAM, PIN - 695026 4 S. NAJEEMA AGED 48 YEARS W/O. S. RAHIM, BARKHATH MANZIL, TC 49/520 (2), MANACAUD.P.O., THIRUVANANTHAPURAM, PIN - 695009 BY ADVS. SRI.AYYAPPAN SANKAR SMT.S.HRIDYA

¶8

RESPONDENTS:

¶9

1 THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM COLLECTORATE, CIVIL STATION, KUDAPPANAKKUNNU.P.O., THIRUVANANTHAPURAM, PIN - 695043

¶10

WP(C) NO. 26329 OF 2022

¶11

¶12

2	ADDITIONAL TAHSILDAR (LAND RECORDS) CIVIL STATION, KUDAPPANAKKUNNU.P.O., THIRUVANANTHAPURAM, PIN - 695043
3	DISTRICT SURVEY SUPERINTENDENT CIVIL STATION, KUDAPPANAKKUNNU.P.O., THIRUVANANTHAPURAM, PIN - 695043
4	TALUK SURVEYOR TALUK OFFICE, EAST FORT, THIRUVANANTHAPURAM, PIN - 695023
5	VILLAGE OFFICER MUTTATHARA VILLAGE OFFICE, KAMALESHWARAM HIGHWAY LINK RD, KAMALESHWARAM, THIRUVANANTHAPURAM, PIN - 695009
6	ASSISTANT ENGINEER OFFICE OF THE ASSISTANT ENGINEER, PUBLIC WORKS DEPARTMENT, CITY ROADS SECTION NO.1, PMG JUNCTION, THIRUVANANTHAPURAM, PIN - 695033
7	ASSISTANT EXECUTIVE ENGINEER P.W.D., CITY ROADS SUB DIVISION, THIRUVANANTHAPURAM, PIN – 695033
	SMT.C.S.SHEEJA, SR.GOVT.PLEADER
THIS	WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 18.11.	2022, THE COURT ON THE SAME DAY DELIVERED THE

¶13

FOLLOWING:

¶14

WP(C) NO. 26329 OF 2022

¶15

¶16

T.R. RAVI, J.

¶17

W. P. (C). No.26329 of 2022

¶18

Dated this the 18^th day of November, 2022

¶19

JUDGMENT

¶20

Admit. Government Pleader takes notice for respondents.

¶21

2 . The prayer in the writ petition is for a direction to the 1 st respondent to cause preparation of the survey plan as requested for in Ext.P14 demarcating and showing the respective boundaries of the portions of properties of each of the petitioners comprised in Sy.No.1238 of Muttathara Village, Thiruvananthapuram Taluk, based on the survey and measurements already carried on pursuant to the directions in Exts.P15 & P16 judgments and based on which Exts.P18 & P19 proceedings are issued by the 3 rd respondent. Petitioners 1 to 3 had earlier approached this Court by filing WP(C) No.6796/2019 seeking demarcation of the respective portions of the properties of the petitioners and to demarcate the separating boundary line between the properties and the Ambalathara Komarichanda PWD road in Sy.No.1176 lying adjacent to the southern side of the property. The issue which was considered was whether the petitioners had encroached into the public road. This

¶22

Court directed the respondents to complete the proceedings and

¶23

WP(C) NO. 26329 OF 2022

¶24

¶25

based on the outcome if it is found there is any encroachment, the 6th respondent therein was directed to take action to remove the encroachment. There was no specific direction by this Court to demarcate the inter se boundaries of the petitioners therein. Subsequent to it, the 4 th petitioner approached this Court in WP(C) No.7405/2019, wherein this Court directed the 3 rd respondent therein or any officer under him to demarcate the property belonging to the petitioner in the presence of Assistant Engineer of the Public Works Department and further directed that if the petitioner is found to be in possession of any portion of the Government land or PWD road, the Revenue Authorities or PWD are free to take appropriate action.

¶26

3 . There again, the issue was whether there was encroachment into the PWD road, for which purpose there was a direction to demarcate the property. According to the petitioners, pursuant to the above said judgments, the respondents had measured the properties with respect to each of the petitioners based on their title deeds and found that there was no encroachment into the public road. It is submitted that when the sketch regarding the properties of each of the petitioners were requested for, that was denied saying that there was no such

¶27

¶28

WP(C) NO. 26329 OF 2022

¶29

direction issued by this Court.

¶30

4 . The Government Pleader on instructions submits that the issue was always relating to the question of encroachment into the public road and what has been done by the authorities is only to demarcate the said boundary between the public road and the properties of the petitioners. There was no demarcation of the inter s e boundaries of the properties of the petitioners as stated in the writ petition and hence no such plan is available, is the submission.

¶31

In the above circumstances, the writ petition disposed of directing the respondents to issue to the petitioners the measurement sketch which was prepared based on the directions issued by this Court in Exts.P15 & P16 demarcating the boundaries of the petitioners from that of the public road. If a sketch based on the individual boundaries of the petitioners are available with the respondents, the same may also be made available to the petitioners on payment of necessary costs. The action as directed shall be completed within three weeks from the date of receipt of a certified copy of this judgment.

Sd/-

T.R. RAVI JUDGE

WP(C) NO. 26329 OF 2022

¶36

¶37

APPENDIX OF WP(C) 26329/2022

¶38

PETITIONERS' EXHIBITS

¶39

Exhibit P1	TRUE PHOTOCOPY OF TAX REMITTANCE RECEIPT DATED 07.12.2021 IN RESPECT OF THE PORTION OF THE STRIP OF LAND IN SURVEY NO.1238 PURCHASED BY THE 1ST PETITIONER
Exhibit P2	TRUE PHOTOCOPY OF TAX REMITTANCE RECEIPT IN RESPECT OF THE PORTION OF THE STRIP OF LAND IN SURVEY NO.1238 PURCHASED BY THE 2ND PETITIONER
Exhibit P3	TRUE PHOTOCOPY OF TAX REMITTANCE RECEIPT IN RESPECT OF THE PORTION OF THE STRIP OF LAND IN SURVEY NO.1238 PURCHASED BY THE 3RD PETITIONER
Exhibit P4	TRUE PHOTOCOPY OF TAX REMITTANCE RECEIPT IN RESPECT OF THE PORTION OF THE STRIP OF LAND IN SURVEY NO.1238 PURCHASED BY THE 4TH PETITIONER
Exhibit P5	TRUE PHOTOCOPY OF POSSESSION CERTIFICATE DATED 10.01.2022 ISSUED BY THE VILLAGE OFFICER, MUTTATHARA IN RESPECT OF PROPERTY OF 1ST PETITIONER
Exhibit P6	TRUE PHOTOCOPY OF POSSESSION CERTIFICATE DATED 10.01.2022 ISSUED BY THE VILLAGE OFFICER, MUTTATHARA IN RESPECT OF PROPERTY OF 2ND PETITIONER
Exhibit P7	TRUE PHOTOCOPY OF POSSESSION CERTIFICATE DATED 10.01.2022 ISSUED BY THE VILLAGE OFFICER, MUTTATHARA IN RESPECT OF PROPERTY OF 3RD PETITIONER
Exhibit P8	TRUE PHOTOCOPY OF POSSESSION CERTIFICATE DATED 10.01.2022 ISSUED BY THE VILLAGE OFFICER, MUTTATHARA IN RESPECT OF PROPERTY OF 4TH PETITIONER

¶40

WP(C) NO. 26329 OF 2022

¶41

¶42

Exhibit P9	TRUE PHOTOCOPY OF LOCATION CERTIFICATE
	DATED 18.06.2019 ISSUED BY THE VILLAGE OFFICER, MUTTATHARA IN RESPECT OF PROPERTY OF 1ST PETITIONER
Exhibit P10	TRUE PHOTOCOPY OF LOCATION CERTIFICATE DATED 18.06.2019 ISSUED BY THE VILLAGE OFFICER, MUTTATHARA IN RESPECT OF PROPERTY OF 2ND PETITIONER
Exhibit P11	TRUE PHOTOCOPY OF LOCATION CERTIFICATE DATED 18.06.2019 ISSUED BY THE VILLAGE OFFICER, MUTTATHARA IN RESPECT OF PROPERTY OF 3RD PETITIONER
Exhibit P12	TRUE PHOTOCOPY OF LOCATION CERTIFICATE DATED 18.06.2019 ISSUED BY THE VILLAGE OFFICER, MUTTATHARA IN RESPECT OF PROPERTY OF 4TH PETITIONER
Exhibit P13	TRUE PHOTOCOPY OF F.I.R. IN CRIME NO: 661/2018 OF POONTHURA POLICE STATION
Exhibit P14	TRUE PHOTOCOPY OF REPRESENTATION SUBMITTED AS APPEAL PETITION BY THE PETITIONERS BEFORE THE 3RD RESPONDENT REQUESTING NECESSARY ACTION FOR RECTIFICATION OF MISTAKES IN THE SURVEY PLAN PERTAINING TO THE PROPERTIES OF THE PETITIONERS BY PROPER MEASUREMENTS AS PER TITLE DEEDS AND SURVEY RECORDS AND TO PREPARE A DETAILED MEASUREMENT PLAN
Exhibit P15	TRUE PHOTOCOPY OF JUDGMENT DATED 02.04.2019 OF THIS HONOURABLE HIGH COURT OF KERALA IN W.P.(C).NO: 6796/2019
Exhibit P16	TRUE PHOTOCOPY OF JUDGMENT DATED 05.04.2019 OF THIS HONOURABLE HIGH COURT OF KERALA IN W.P.(C).NO: 7405/2019
Exhibit P17	TRUE PHOTOCOPY OF REPORT DATED 30.11.2019 SUBMITTED BY 4TH RESPONDENT FOR CONSIDERATION OF THE 3RD RESPONDENT

¶43

WP(C) NO. 26329 OF 2022

¶44

¶45

Exhibit P18	TRUE PHOTOCOPY OF ORDER NO: J4-193845/2019 DATED 31-01-2020 ISSUED BY THE 3RD RESPONDENT IN RESPECT OF PETITIONERS 1 TO 3
Exhibit P19	TRUE PHOTOCOPY OF ORDER NO: J4-193093/2019 DATED 31-01-2020 ISSUED BY THE 3RD RESPONDENT IN RESPECT OF 4TH PETITIONER
Exhibit P20	TRUE PHOTOCOPY OF COMMUNICATION DATED 06.02.2020 ISSUED BY THE 6TH RESPONDENT ADDRESSING THE 3RD RESPONDENT
Exhibit P21	TRUE PHOTOCOPY OF PLAN PREPARED IN PURSUANCE OF THE PROCEEDINGS CULMINATING IN EXHIBITS-P18 AND P19 PROCEEDINGS BY THE 3RD RESPONDENT
Exhibit P22	TRUE PHOTOCOPY OF COMMUNICATION DATED 05.02.2021 ISSUED FROM THE OFFICE OF THE SURVEY DIRECTOR ADDRESSING THE 1ST RESPONDENT
Exhibit P23	TRUE PHOTOCOPY OF COMMUNICATION DATED 13.07.2021 ISSUED FROM THE OFFICE OF THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM ADDRESSING THE 1ST RESPONDENT
Exhibit P24	TRUE PHOTOCOPY OF COMMUNICATION DATED 29.11.2021 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT DECLINING THE REQUEST IN EXHIBIT-P14 FOR A DETAILED MEASUREMENT PLAN

Nandakumar v. the District Collector, Thiruvananthapuram

Case brief

What is this about?

What did the court decide?

Nandakumar v. the District Collector, Thiruvananthapuram

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

E K Joseph, Vs the Special Tahsildar (La)

Sukesh Shibu Vs State of Kerala

Ebrahim Kutty Kunnumpurath Vs the District Registrar General, Kannur

Babu T a Vs Chalakudy Municipality

Bank of Baroda, Vs the Village Officer

Mariam Alias Baby Vs Arun