Single judge order directing the District Collector to consider and pass orders on a revision petition filed by the petitioner within three months after giving an opportunity of hearing.
Direction to the 2nd respondent to dispose of the revision petition within three months after hearing parties.
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 VIJU ABRAHAM
FRIDAY, THE 10TH DAY OF NOVEMBER 2023 / 19TH KARTHIKA, 1945
WP(C) NO. 11798 OF 2023
PETITIONER:
N.KRISHNAKUMAR AGED 61 YEARS S/O.LATE P.NATARAJAN, KATTUVIDAKARA HOUSE, TC 30/1590, PETTAH P.O., THIRUVANANTHAPURAM, PIN - 695024
BY ADV I.SHEELA DEVI
RESPONDENTS:
| 1 | STATE OF KERALA |
|---|---|
| REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001 |
|
| 2 | DISTRICT COLLECTOR 2ND FLOOR, CIVIL STATION BUILDINGS, CIVIL STATION ROAD, KUDAPPANAKUNNU, THIRUVANANTHAPURAM-695 043., PIN - 695043 |
| 3 | THE REVENUE DIVISIONAL OFFICER KUDAPPANAKUNNU, THIRUVANANTHAPURAM., PIN - 695043 |
| 4 | THE EXECUTIVE ENGINEER (BUILDINGS) PUBLIC WORKS DEPARTMENT, PMJ JUNCTION, THIRUVANANTHAPURAM., PIN - 695033 |
| 5 | THE TAHSILDAR (LARD RECORDS) TALUK OFFICE, NEYYANTTINKARA, THIRUVANANTHAPURAM., PIN - 695121 |
| 6 | THE VILLAGE OFFICER VILLAGE OFFICE, NEYYANTTINKARA, THIRUVANANTHAPURAM., PIN - 695121 |
| 7 | THE EXECUTIVE ENGINEER NEYYAR IRRIGATION PROJECT, THIRUVANANTHAPURAM., PIN - 695572 |
OTHER PRESENT:
GP - SYAMANTHAK B.S.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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J U D G M E N T
The petitioner has approached this Court challenging Ext.P16, issued by the 3rd respondent, wherein a stand has been taken that if the petitioner has any grievance regarding the fixation of boundaries etc, as per the survey conducted, he shall prefer a revision before the District Collector as provided under Section 13A of the Kerala Survey and Boundaries Act,1961. Similar stand has been taken by the 3rd respondent in the statement also. Thereupon, the petitioner has preferred Ext.P24 revision before the 2nd respondent as contemplated in Section 13A of the said Act. The petitioner seeks for a expeditious disposal of the same within a time limit to be fixed by this Court.
WP(C) NO. 11798 OF 2023
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claim, which shall be duly adverted to by the 2nd respondent, while taking a final decision in the matter as directed above.
Sd/VIJU ABRAHAM JUDGE
rp
WP(C) NO. 11798 OF 2023
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APPENDIX OF WP(C) 11798/2023
PETITIONER EXHIBITS
| Exhibit-P1 | TRUE COPY OF THE SETTLEMENT REGISTER DATED 27.12.2013 ISSUED BY THE SUPERINTENDENT, CENTRAL ARCHIVES, FORT, THIRUVANANTHAPURAM. |
|---|---|
| Exhibit-P2 | TRUE COPY OF THE FAIR LAND REGISTER DATED 08.11.2013 ISSUED BY THE TECHNICAL ASSISTANT, CENTRAL SURVEY OFFICE, VAZHUTHACAUD, THIRUVNANTHAPURAM. |
| Exhibit-P3 | TRUE COPY OF THE REPORT OF THE SURVEY DATED 01.11.2017 AND SKETCH ISSUED BY THE 5TH RESPONDENT. |
| Exhibit-P4 | TRUE COPY OF THE APPLICATION DATED 01.04.2016 SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT . |
| Exhibit-P5 | TRUE COPY OF THE REPLY DATED 01.07.2016 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER. |
| Exhibit-P6 | TRUE COPY OF THE OF THE CIRCULAR NO.B1-16891/95 DATED 26.07.1995 ISSUED BY THE BOARD OF REVENUE (SURVEY), THIRUVANANTHAPURAM. |
| Exhibit-P7 | TRUE COPY OF THE ORDER NO.G.O.(RT)2790/95/ RD DATED 26.07.1995 ISSUED BY THE 1ST RESPONDENT. |
| Exhibit-P8 | TRUE COPY OF THE ORDER NO.G.O.(MS) NO.303/2017/REV. DATED 26.08.2017 ISSUED BY THE 1ST RESPONDENT. |
| Exhibit-P9 | TRUE COPY OF CERTIFICATE NO.B2-10043/14 K.DIS DATED 22.12.2014 ISSUED BY THE TAHSILDAR, VARKALA TO THE PETITIONER. |
| Exhibit-P10 | TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.39120/2018 DATED 06.02.2019 OF THE HON'BLE HIGH COURT OF KERALA, ERNAKULAM. |
| Exhibit-P11 | TRUE COPY OF THE REPRESENTATION DATED 28.02.2019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. |
| Exhibit-P12 | TRUE COPY OF THE REPRESENTATION DATED 18.03.2019 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT. |
| Exhibit-P13 | TRUE COPY OF THE REPRESENTATION DATED 12.06.2019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. |
| Exhibit-P14 | TRUE COPY OF THE ORDER NO.K6-16501/17 DATED 05.10.2019 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER. |
| Exhibit-P15 | TRUE COPY OF THE JUDGMENT DATED 26.07.2021 IN W.P.(C) NO.31199/2019 OF THE HON'BLE HIGH COURT OF KERALA. |
| Exhibit-P16 | TRUE COPY OF THE ORDER NO.RDOTVM/6948/2022/B.1/D.DIS DATED 14.02.2023 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. |
WP(C) NO. 11798 OF 2023
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| Exhibit-P17 | TRUE COPY OF THE ORDER CONT.CASE (C) NO.279/2023 DATED 23.02.2023 OF THE HON'BLE HIGH COURT OF KERALA. |
|---|---|
| Exhibit-P18 | TRUE COPY OF THE APPEAL DATED 22.02.2023 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. |
| Exhibit-19 | TRUE COPY OF THE REPORT NO.K-16501/17 DATED 23.03.2022 SUBMITTED THE 5TH RESPONDENT BEFORE THE 2ND RESPONDENT. |
| Exhibit-P20 | TRUE COPY OF THE REPORT ALONG WITH SKETCH DATED 23.01.2023 SUBMITTED BY THE 6TH RESPONDENT TO THE 5TH RESPONDENT. |
| Exhibit P21 | TRUE COPY OF THE ORDER G.O.(MS) NO.200/10/REVENUE DATED 31.05.2010 ISSUED BY THE 1ST RESPONDENT |
| Exhibit P22 | TRUE COPY OF THE ORDER NO.G.O.(MS) NO.303/ 2017/REVENUE DATED 26.08.2017 ISSUED BY THE 1ST RESPONDENT |
| Exhibit P23 | TRUE COPY OF THE APPLICATION DATED NIL SUBMITTED BY THE APPLICANT/PETITIONER UNDER SECTION 13 A OF KERALA SURVEY AND BOUNDARIES ACT BEFORE THE 5TH RESPONDENT. |
| Exhibit P24 | TRUE COPY OF THE APPEAL DATED 03.011.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. |
1 issue framed by the court
Whether the District Collector should be directed to dispose of the revision petition filed by the petitioner expeditiously.
1 provisions across 1 enactments
N.KRISHNAKUMAR
STATE OF KERALA
DISTRICT COLLECTOR
THE REVENUE DIVISIONAL OFFICER
THE EXECUTIVE ENGINEER (BUILDINGS)
THE TAHSILDAR
VIJU ABRAHAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
