Disposed

N.Thyagarajan, v. Superintendent of Survey and Land Records

Kerala HC20 Nov 2023WP(C)/19459/2022

Case brief

AI extract

What is this about?

The Court disposed of two writ petitions challenging proceedings under the Kerala Highway Protection Act and Land Conservancy Act. The Court directed the 3rd respondent to examine the petitioner's rectification application and stay further proceedings pending the decision.

What did the court decide?

The 3rd respondent shall take up Ext.P10 and pass appropriate orders after hearing; all further proceedings pursuant to Exts.P9 and P12 are stayed.

N.Thyagarajan, Vs Superintendent of Survey and Land… — Writ and Judicial Review | Kerala HC (2023)

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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 VIJU ABRAHAM

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MONDAY, THE 20^TH DAY OF NOVEMBER 2023 / 29TH KARTHIKA, 1945

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WP(C) NO. 19459 OF 2022

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PETITIONER:

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N.THYAGARAJAN, AGED 60 YEARS S/O. LATE NANU, AGED 69 YEARS, LITTY NIVAS, AYIROOR P.O., VARKALA TALUK, THIRUVANANTHAPURAM DISTRICT-695310. BY ADV P.R.VENKATESH

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RESPONDENTS:

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1 SUPERINTENDENT OF SURVEY AND LAND RECORDS OFFICE OF DIRECTORATE OF SURVEY & LAND RECORDS, SURVEY BHAVAN, VAZHUTHACAUD ROAD, COTTON HILL, THIRUVANANPURAM-695014.

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2 ASST EXECUTIVE ENGINEER, PWD, KRFB, - PMU- DIVISION, THIRUVAANTHAPURAM-695 003.

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3 TAHSILDAR, (LAND RECORDS), VARKALA TALUK, VARKALA P.O., THIRUVANANTHAPURAM-695141.

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GP – SRI. RIYAL DEVASSY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.11.2023, ALONG WITH WP(C).11146/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C). Nos.19459 of 2022 & 11146 of 2023

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: 2 :

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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 VIJU ABRAHAM

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MONDAY, THE 20^TH DAY OF NOVEMBER 2023 / 29TH KARTHIKA, 1945 WP(C) NO. 11146 OF 2023

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PETITIONER:

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N. THYAGARAJAN AGED 70 YEARS S/O. LATE NANU, AGED 69 YEARS, LITTY NIVAS, AYIROOR P.O., VARKALA TALUK, THIRUVANANTHAPURAM DISTRICT., PIN - 695310 BY ADVS. P.R.VENKATESH LAKSHMI MEENAKSHI P.R.

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RESPONDENTS:

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1 SUPERINTENDENT OF SURVEY & LAND RECORDS OFFICE OF DIRECTORATE OF SURVEY & LAND RECORDS, SURVEY BHAVAN, VAZHUTHACAUD ROAD, COTTON HILL, THIRUVANANPURAM-695014., PIN - 695014

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2 ASST EXECUTIVE ENGINEER PWD, KRFB, PMU - DIVISION, THIRUVAANTHAPURAM-695 003.

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3 TAHSILDAR, (LAND RECORDS VARKALA TALUK, VARKALA P.O., THIRUVANANTHAPURAM-695141.

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4 EXECUTIVE ENGINEER PWD, KRFB, PMU- DIVISION, THIRUVANANTHAPURAM-695033.

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GP – SRI. SYAMANTHAK B. S.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.11.2023, ALONG WITH WP(C).19459/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C). Nos.19459 of 2022 & 11146 of 2023

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: 3 :

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VIJU ABRAHAM, J.

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- - - - W.P.(C) Nos.19459 of 2022 & 11146 of 2023

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- - - - Dated this the 20^th day of November, 2023

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JUDGMENT

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W.P.(C) No.19459 of 2022 is filed seeking to quash Ext.P9, wherein proceedings have been initiated against the petitioner under the Kerala Highway Protection Act. The specific case of the petitioner is that the alleged encroachment is only due to the fault in the resurvey and that he has preferred Ext.P10 application before the 3^rd respondent for rectification of the same.

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While the above said writ petition was pending consideration, the petitioner was also issued with Ext.P12 notice under the Land Conservancy Act threatening with coercive steps. It is in the said circumstances that W.P.(C) No. 11146 of 2023 was filed, challenging Ext.P12.

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Heard the learned Government Pleader also.

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In W.P.(C) No.11146 of 2023 an interim order was issued directing to maintain status quo, which is still now in force. Since the petitioner has already preferred Ext.P10 application before the 3^rd respondent, the above writ petitions are disposed of as follows: The 3^rd respondent shall take up Ext.P10 and pass appropriate

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W.P.(C). Nos.19459 of 2022 & 11146 of 2023 : 4 :

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orders thereon in accordance with law, after affording an opportunity of being heard to the petitioner or any other affected parties. Till a decision is taken as directed above, all further proceedings pursuant to Exts.P9 and P12 in W.P. (C) No.11146 of 2023 will stand stayed.

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Sd/-

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VIJU ABRAHAM JUDGE

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sm/

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W.P.(C). Nos.19459 of 2022 & 11146 of 2023 : 5 :

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APPENDIX OF WP(C) 11146/2023

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PETITION	ER EXHI	BITS
Exhibit	P1	. TRUE COPY OF DOCUMENT NO. 1019/1973 AT THE SRO, VARKALA
Exhibit	P2	TRUE COPY OF PRIOR DOCUMENT NO. 3172/1967 AT THE SRO, VARKALA
Exhibit	P3	TRUE COPIES OF LAND TAX DATED 22.10.1993,
Exhibit	P4	TRUE COPIES OF LAND TAX DATED 25-05-2000
Exhibit	P5	TRUE COPIES OF LAND TAX DATED 10-08-2000
Exhibit	P6	TRUE COPY OF THE SKETCH
Exhibit	P7	TRUE COPY OF TANDAPER ACCOUNT DATED 28.9.2021
Exhibit	P8	TRUE COPY OF RESURVEY SKETCH ISSUED FROM THE RESURVEY RECORDS, CENTRAL SURVEY OFFICE, SURVEY AND LAND RECORDS
Exhibit	P9	TRUE COPY OF THE NOTICE DATED 25.9.2021 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT
Exhibit	P10	TRUE COPY OF THE REPRESENTATION DATED 28.4.2022 SUBMITTED TO THE TAHSILDAR (LAND RECORDS), VARKALA
Exhibit	P11	TRUE COPY OF THE REPRESENTATION DATED 10.5.2022 SUBMITTED BEFORE THE SUPERINTENDENT OF SURVEY, DIRECTORATE OF SURVEY AND LAND RECORDS, THIRUVANANTHAPURAM BY THE PETITIONER
Exhibit	P12	TRUE COPY OF THE NOTICE DATED NIL RECEIVED FROM THE 4TH RESPONDENT BY THE PETITIONER
Exhibit	P13	TRUE COPY OF REPRESENTATION DATED 25.3.2023 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT

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W.P.(C). Nos.19459 of 2022 & 11146 of 2023

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: 6 :

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PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF DOCUMENT NO. 1019/1973 AT THE SRO, VARKALA. Exhibit P2 RUE COPY OF PRIOR DOCUMENT NO. 3172/1967 AT THE SRO, VARKALA. Exhibit P3 TRUE COPY OF LAND TAX DATED 22.10.1993. Exhibit P4 TRUE COPY OF LAND TAX DATED 25.5.2000. Exhibit P5 TRUE COPY OF LAND TAX DATED 10.8.2007. Exhibit P6 TRUE COPY OF THE SKETCH. Exhibit P7 TRUE COPY OF TANDAPER ACCOUNT DATED 28.9.2021. Exhibit P8 TRUE COPY OF SKETCH ISSUED FROM THE RESURVEY RECORDS, CENTRAL SURVEY OFFICE, SURVEY & LAND RECORDS. Exhibit P9 TRUE COPY OF THE NOTICE DATED 25.9.2021 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT. Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED 28.4.2022 SUBMITTED TO THE TAHSILDAR (LAND RECORDS), VARKALA. Exhibit P11 TRUE COPY OF THE REPRESENTATION DATED 10.5.2022 SUBMITTED BEFORE THE SUPERINTENDENT OF SURVEY, DIRECTORATE OF SURVEY AND LAND RECORDS, THIRUVANANTHAPURAM BY THE PETITIONER.

N.Thyagarajan, v. Superintendent of Survey and Land Records

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N.Thyagarajan, v. Superintendent of Survey and Land Records

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