Petitioners challenged survey records including a pathway in the respondent's land. Counsel submitted the petition had become infructuous due to changed circumstances. The Court dismissed the petition accordingly.
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 SHAJI P.CHALY
TUESDAY, THE 10TH DAY OF JANUARY 2023 / 20TH POUSHA, 1944
WP(C) NO. 7116 OF 2015
PETITIONERS:
1 GEEVARGHESE MATHEW AGED 64 YEARS S/O. MATHEW, SANTHI KRIPA, PULAMON P.O,KIZHAKKEKKARA, KOTTARAKKARA, KOLLAM DISTRICT.
2 BABY S/O. MATHEW, SANTHI KRIPA, PULAMON P.O,KIZHAKKEKKARA, KOTTARAKKARA, KOLLAM DISTRICT.
BY ADVS. SRI.S.SANTHOSH KUMAR SMT.P.LISSY JOSE.
RESPONDENTS:
2 THE DISTRICT COLLECTOR KOLLAM, PIN - 691 013.
2
WP(C) No. 7116 of 2015
5 THE HEAD SURVEYOR NO.1, OFFICE OF THE SUPERINTENDANT, SURVEY AND LAND RECORDS, ALC, KOTTARAKKARA, KOLLAM PIN - 691 506 6 MATHAI SO. CHACKO DANIEL ANIL BHAVAN, VADACODE, KURA P.O., THALAVOOR, KOLLAM DISTRICT - 691 567. BY ADVS. SRI.JOHN MATHEW SRI.MATHEW JOHN JMA SRI.VINU SASIDHARAN SRI.JOBY JOSEPH SR.GP. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
3
WP(C) No. 7116 of 2015
J U D G M E N T
Dated this the 10th day of January, 2023
The petitioners have sought for the following reliefs:
i) issue a writ in nature of mandamus or any other appropriate writ, direction or order commanding respondents 4 and 5, not to include plain Schedule Item No.3 pathway in Exhibits P1 and P2 as part of the land of the 6th respondent in the Survey records, finalise and notify the same as per the Survey and Boundaries Act, 1961 and the Rules made thereunder;
ii) declare that the 6 th respondent is not entitled to include the land described as pathway in Exhibits P1 and P2 as part of the land owned and occupied by the 6 th respondent and to get the benefit of the same after issuing statutory notification as per the Survey and Boundaries Act, 1961.
iii) to allow such other and further relief's as this Hon'ble Court find deem fit to in the nature and circumstances of the case.
iv) allow this writ petition with the petitioners' costs.
2 . However, today, when the matter is taken up for
consideration, Sri. Baby Sujatha representing Advocate
Sri. S. Santhosh Kumar, the learned counsel for the petitioner on
record, submitted that the matter has become infructuous.
Accordingly, this writ petition is dismissed as infructuous.
Sd/-
SHAJI P.CHALY
JUDGE
ams
4
WP(C) No. 7116 of 2015
APPENDIX OF WP(C) 7116/2015
PETITIONERS' EXHIBITS
| EXHIBIT P1:- | TRUE COPY OF THE 399/2008 DATED 15 MUNSIFF'S COURT, P |
JUDGMENT IN O.S. NO. -10-2010 ON THE FILES OF UNALUR. |
|---|---|---|
| EXHIBIT P2:- | TRUE COPY OF TH 399/2008 DATED 15 MUNSIFF'S COURT, P |
E DECREE IN O.S. NO. -10-2010 ON THE FILES OF UNALUR. |
| EXHIBIT P3:- | TRUE COPY OF TH DATED 14-11-2008 EXHIBIT P1 |
E COMMISSIONER'S REPORT MARKED AS EXHIBIT C3 IN |
| EXHIBIT P4:- | TRUE COPY OF THE 01-12-2014 ISSUED TO THE 1ST PETITIO |
LETTER NO. 334/14 DATED BY THE 4TH RESPONDENT NER. |
| EXHIBIT P5:- | TRUE COPY OF THE DATED 18-02-2015 RESPONDENT TO THE |
COMMUNICATION NO. 282/14 ISSUED BY THE 5TH 1ST PETITIONER. |
| EXHIBIT P6:- | TRUE COPY OF THE 18.03.2015 ISSUED TO THE PETITIONER. |
LETTER NO.307/11 DATED BY THE 5TH RESPONDENT |
Geevarghese Mathew
Baby
State of Kerala
The District Collector Kollam
The Deputy Director Survey and Land Records
The Head Surveyor No.1
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
