Disposed

Abdul Rahim v. the Secretary to Government

Kerala HC19 Oct 2023WP(C)/20230/2023

Case brief

AI extract

What is this about?

The High Court issued a writ direction to the Taluk Surveyor to submit the prepared sketch and plan regarding the petitioner's property boundaries to the Grama Panchayath within one month to facilitate building permit application.

What did the court decide?

Direction to the 4th respondent (Taluk Surveyor) to provide the sketch and plan to the 3rd respondent (Panchayat) within one month.

Abdul Rahim Vs the Secretary to Government — Municipal and Town Planning | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
WP(C) NO.20230 OF 2023

¶4

PETITIONER:

¶5

ABDUL RAHIM, AGED 52 YEARS
S/O.SHAHUL HAMEED, RESIDING AT KUZHIVILA VEEDU,
PUTHUKULANAGARA, PUTHUKULANGARA.P.O,
UZHAMALACKAL VILLAGE, NEDUMANGAD,
THIRUVANANTHAPURAM, PIN - 695541

¶6

BY ADVS.
M.HEMALATHA
A.RAHIM

¶7

RESPONDENTS:

¶8

1 THE SECRETARY TO GOVERNMENT LAND REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

¶9

2 THE TAHSILDAR TALUK OFFICE, NEDUMANGAD, NEDUMANGAD.P.O, THIRUVANANTHAPURAM, PIN - 695582

¶10

3 UZHAMALAKKAL GRAMA PANCHAYATH, UZHAMALACKAL, NEDUMANGAD, THIRUVANANTHAPURAM REPRESENTED BY THE SECRETARY, PIN - 695541

¶11

4 THE TALUK SURVEYOR TALUK SURVEY OFFICE, NEDUMANGAD, NEDUMANGAD. P.O, THIRUVANANTHAPURAM, PIN - 695582

¶12

BY ADVS.SRI.SUMAN CHAKRAVARTHY

¶13

 SRI.BIMAL K.NATH, SR.GOVERNMENT PLEADER

¶14

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 19.10.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

¶15

WP(C) NO.20230 OF 2023

¶16

¶17

JUDGMENT

¶18

Petitioner is the owner of an extent of 4
cents of property comprised in Resurvey No.144/11-
4 of Uzhamalakkal Village obtained by virtue of
Ext.P1 Sale Deed. Since the northern boundary of
the petitioner was not fixed, he made Form 10
application before the 2nd respondent, pursuant to
which the property was measured and boundaries
were fixed. The grievance of the petitioner is
that though the property has been measured and
boundaries were fixed, the Taluk Surveyor, the 4th
respondent, has not submitted the plan and sketch
to the 3rd respondent to enable the 3rd respondent
to process the application of the petitioner for
building permit.

¶19

2. Heard the learned counsel for the

¶20

WP(C) NO.20230 OF 2023 3

¶21

petitioner, the learned Senior Government Pleader
appearing for respondents 1,2 & 4 and the learned
Standing Counsel appearing for the 3rd respondent
Panchayat.

¶22

3. In the facts and circumstances of the case,
there will be a direction to the 4th respondent to
provide the sketch and plan pursuant to the Form
10 application submitted by the petitioner so as
to enable the petitioner to produce the same
before the Panchayat within a period of one month
from the date of receipt of a certified copy of
this judgment.

¶23

The writ petition is disposed of as above.

¶24

Sd/-

¶25

MURALI PURUSHOTHAMAN JUDGE

¶26

sp/19/10/2023

¶27

WP(C) NO.20230 OF 2023

¶28

¶29

APPENDIX

¶30

PETITIONERS' EXHIBITS:-

¶31

EXHIBIT-P1A TRUE COPY OF THE SALE DEED NO.633 OF
2018 OF ARYANAD SUB REGISTRAR'S OFFICE
DATED 28.3.2018

¶32

EXHIBIT-P2A TRUE COPY OF THE TAX RECEIPT DATED
23-05-2023.

¶33

EXHIBIT-P3A TRUE COPY OF THE NOTICE ISSUED BY THE
4TH RESPONDENT DATED 09-11-2022

¶34

EXHIBIT-P4A TRUE COPY OF THE PLAN PREPARED BY THE
TALUK SURVEYOR AND APPROVED BY THE
SUPERINTENDENT OF SURVEY AND LAND
RECORDS DATED 10-02-2023

¶35

EXHIBIT-P5

¶36

A TRUE COPY OF THE APPLICATION BEFORE
THE TALUK ADALATH DATED 10-04-2023

Abdul Rahim v. the Secretary to Government

Case brief

What is this about?

What did the court decide?

Abdul Rahim v. the Secretary to Government

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

V.J. Joseph @ Kunjumon Vs Tahsildar

Vinodkumar C P Vs The Tahsildar, Thodupuzha

Sanoj Keloth Vs the Village Officer

Jyothi Pradeep Vs State of Kerala

Thressia Antony Vs State of Kerala

Ahammed Unni @ Aimunni Vs the District Collectotr