The High Court of Kerala, on a writ petition concerning the delay in survey and measurement of the petitioner's property, directed the Tahsildar to complete the proceedings within two months.
Direction to the Tahsildar (LR) to complete the survey proceedings pursuant to Ext.P14 within two months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
WP(C) NO. 18278 OF 2023
PETITIONER:
AHAMMED UNNI @ AIMUNNI AGED 68 YEARS S/O. PAREED, THACHRUKUDY HOUSE, MOULOODUPURA, MUDICKAL P.O. ERNAKULAM DISTRICT, PIN – 683 547.
BY ADVS.
C.A.NAVAS
T.K.SASIKUMAR
LAYA SIMON
P.A.SHAJI SAMAD
RESPONDENTS:
1 THE DISTRICT COLLECTOR COLLECTERATE, KAKKANAD, ERNAKULAM DISTRICT, PIN – 682 030.2 THE TAHASILDAR (LAND RECORDS) KUNNATHUNADU TALUK, THALUK OFFICE, PERUMBAVOOR, ERNAKULAM DISTRICT, PIN – 683 542.3 THE THALUK SURVEYOR, (HEAD SURVEYOR) KUNNATHUNADU TALUK, TALUK OFFICE, PERUMBAVOOR, ERNAKULAM DISTRICT, PIN – 683 542.4 THE VILLAGE OFFICER MARAMPILLY VILLAGE, MARAMPILLY, MUDICKEL P.O, ERNAKULAM DISTRICT, PIN – 683 547.SRI. BIMAL K.NATH – SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 19.10.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.18278 OF 2023
2
JUDGMENT
The petitioner has filed this writ petition aggrieved by the delay in conducting the survey and measurement of his property pursuant to Ext.P4 request made by him. Ext.P14 is the notice issued by the Taluk Surveyor informing the petitioner that survey will be conducted on 12.07.2023. The petitioner submits that no survey was conducted pursuant to Ext.P14.
In view of the submission made by the learned Government Pleader, there will be a direction to the 2nd respondent, the Tahsildar (LR), to complete the proceedings pursuant to Ext.P14, as expeditiously as
WP(C).No.18278 OF 2023
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possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment.
The writ petition is disposed of with the above
direction.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SPR
WP(C).No.18278 OF 2023
4
APPENDIX
PETITION |
ER’SEX |
HIBITS:- |
|
|---|---|---|---|
EXHIBIT |
P1 |
TRUE COPY OF THE TAX REC |
EIPT |
NO.KL07050603512/2022 DATED 10.06.202 |
2. |
||
EXHIBIT |
P2 |
TRUE COPY OF THE POSSESSION CERTIFINO.52160353 DATED 19.11.2020. |
CATE |
EXHIBIT |
P3 |
TRUE COPY OF THE MINUTES OF VAZHAKKGRAMA PANCHAYATH NO 12/12 D22.06.2017 |
ULAMATED |
EXHIBIT |
P4 |
TRUE COPY OF THE APPLICATION D10.01.2019 FILED BY THE PETITIONER. |
ATED |
EXHIBIT |
P5 |
TRUE COPY OF THE APPLICATION D13.11.2019 FILED BEFORE 1ST RESPONDEN |
ATEDT. |
EXHIBIT |
P6 |
TRUE COPY OF THE APPLICATION FILEDTHE PETITIONER UNDER THE RIGHTINFORMATION ACT DATED 29.12.2020. |
BYTO |
EXHIBIT |
P7 |
TRUE COPY OF THE LETTER NO.328/202DATED 01.11.2021. |
1/PR |
EXHIBIT |
P8 |
TRUE COPY OF THE APPLICATION DATEDFILED BY THE PETITIONER BEFOREPANCHAYATH. |
NILTHE |
EXHIBIT |
P9 |
TRUE COPY OF THE MINUTES NO.9(1) D26-02-2020OFVAZHAKULAMGPANCHAYATH ALONG WITH COVERING LEDATED 06.03.2020. |
ATEDRAMATTER |
EXHIBIT |
P10 |
TRUE COPY OF THE LETTER NO.NIL DATEDISSUED BY THE 4TH RESPONDENT. |
NIL |
EXHIBIT |
P11 |
TRUE COPY OF THE COMMUNICATIONDCERM/11146/2019-L16 DATED 18.12.2019 |
NO.. |
EXHIBIT |
P12 |
THE TRUE COPY OF THE REPRESENTADATED 21.03.2022 FILED BY THE PETITIBEFORE THE DISTRICT COLLECTOR CONTAI |
TIONONERNING |
OFFICE ENDORSEMENT TO TAKE URACTION. |
GENT |
||
EXHIBIT |
P13 |
THE TRUE COPY OF THE COMMUNICATIONC10- 1857/19, 1485/20 DATED 11.09.202 |
NO.2. |
EXHIBIT |
P14 |
TRUE COPY OF THE SURVEY NONO.1857/19,1485/20,5661/23 |
TICEWPC |
18278/2023 DATED 27.06.2023 ISSUEDTHE TALUK SURVEYOR. |
BY |
RESPONDENTS EXHIBITS: NIL.
1 issue framed by the court
Whether a direction is necessary to expedite the delayed survey and measurement of the petitioner's property.
AHAMMED UNNI @ AIMUNNI
THE DISTRICT COLLECTOR COLLECTERATE, KAKKANAD, ERNAKULAM DISTRICT
THE TAHASILDAR (LAND RECORDS) KUNNATHUNADU TALUK
THE THALUK SURVEYOR
THE VILLAGE OFFICER MARAMPILLY VILLAGE
MURALI PURUSHOTHAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court