Remanded

Azad.C. v. District Survey Superintendant

Kerala HC12 Jul 2024WP(C)/10457/2024

Case brief

AI extract

What is this about?

Writ petitioner, the property owner, challenged non-disposal of an appeal to re-fix boundary between properties. The High Court directed the District Survey Superintendent to hear and dispose of the appeal within two months after receiving the judgment copy.

What did the court decide?

Directed the first respondent to hear and dispose of the Ext.P2 appeal after hearing parties within two months from receipt of judgment copy.

Azad.C. Vs District Survey Superintendant — Land Acquisition | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 12TH DAY OF JULY 2024 / 21ST ASHADHA, 1946

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WP(C) NO. 10457 OF 2024

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PETITIONER:

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AZAD.C.
AGED 64 YEARS
S/O.KUNHI MUHAMMED (LATE), CHALLAPPURATH HOUSE,
KAYAKUNDU ROAD, ANGADIPURAM.P.O., MALAPPURAM
DISTRICT, PIN - 679321
BY ADVS.
U.K.DEVIDAS
S.K.SREELAKSHMY

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RESPONDENTS:

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1 DISTRICT SURVEY SUPERINTENDANT CIVIL STATION, MALAPPURAM, MALAPPURAM DISTRICT, PIN - 676505

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2 THE TAHSILDAR (LAND DOCUMENTS) TALUK OFFICE, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT, PIN - 679322

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3 ADDITIONAL TAHSILDAR TALUK OFFICE, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT, PIN - 679322

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4 DISTRICT COLLECTOR COLLECTORATE, CIVIL STATION, MALAPPURAM DISTRICT, PIN - 676505

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5 THE SURVEY DEPUTY DIRECTOR COLLECTORATE, CIVIL STATION, MALAPPURAM, PIN - 676505 BY ADV.

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SMT. DEEPA V. - GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 12.07.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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W.P.(C) NO.10457 OF 2024

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JUDGMENT

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The petitioner is the owner of the property situated in

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Survey No.34/5 of Angadippuram Village, Malappuram District.

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There is some dispute between the petitioner and his neighbour namely Smt.Saraswathy in respect of the boundary between their properties. Both the petitioner and Smt. Saraswathy filed petitions before the Tahsildar to re-fix the boundary. Accordingly, the Tahsildar re-fixed the boundary. The petitioner preferred Ext.P2 appeal before the first respondent against the fixation made by the Tahsildar. The said appeal was rejected as per Ext.P7 order. The petitioner challenged Ext.P7 order before this Court in W.P.(C) No.5854/2019. This Court as per Ext.P9 judgment set aside Ext.P7 order and directed the first respondent to consider Ext.P2 appeal afresh and pass orders on the same after hearing the petitioner as well as Smt.Saraswathy. The grievance of the petitioner is that the first respondent is not

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¶22

W.P.(C) NO.10457 OF 2024

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disposing of Ext.P2 appeal in spite of the direction in Ext.P9 which was given as early as on 03.01.2023.

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Having heard Sri. U. K. Devidas, the learned counsel for the petitioner and Smt.Deepa V., the learned Government Pleader, this Writ Petition is disposed with a direction to the first respondent to hear and dispose of Ext.P2 appeal after hearing the petitioner as well as Smt.Saraswathy within a period of two months from the date of receipt of a copy of this judgment.

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This Writ Petition is disposed of as above.

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Sd/-

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DR. KAUSER EDAPPAGATH JUDGE

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W.P.(C) NO.10457 OF 2024

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APPENDIX OF WP(C) 10457/2024

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PETITIONER’S EXHIBITS

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Exhibit P1TRUE COPY OF THE NOTICE NO.F2-943/17
DATED NIL ISSUED BY THE THIRD RESPONDENT
Exhibit P2TRUE COPY OF THE APPEAL DATED 02.05.2018
BEFORE THE FIRST RESPONDENT SUBMITTED BY
THE PETITIONER
Exhibit P3TRUE COPY OF THE LETTER DATED 14.05.2018
ISSUED BY THE SECOND RESPONDENT
Exhibit P4TRUE COPY OF THE LETTER DATED 17.05.2018
ISSUED BY THE SECOND RESPONDENT
Exhibit P5TRUE COPY OF THE JUDGMENT DATED
25.09.2018 IN W.P.(C)NO. 31041/2018
PASSED BY THIS HON'BLE COURT
Exhibit P6TRUE COPY OF THE PETITION DATED
23.10.2018 FILED BY THE PETITIONER
BEFORE THE FIRST RESPONDENT
Exhibit P7TRUE COPY OF THE ORDER NO. J1-776/2018
DATED 09.01.2019 PASSED BY FIRST
RESPONDENT
Exhibit P8TRUE COPY OF THE PROCEEDINGS OF THE
FIRST RESPONDENT
Exhibit P9TRUE COPY OF THE JUDGMENT DATED
03.01.2023 IN W.P.C. NO.5854 OF 2019
PASSED BY THIS HON'BLE COURT
Exhibit P10TRUE COPY OF THE SKETCH AND COVERING
LETTER DATED 23.06.2023
Exhibit P11TRUE COPY OF THE SKETCH SENT BY THE
FIRST RESPONDENT WITH COVERING LETTER
Exhibit P12TRUE COPY OF THE REPRESENTATION DATED
27.06.2023 FILED BY THE PETITIONER
BEFORE THE FIRST RESPONDENT
Exhibit P13TRUE COPY OF THE REPRESENTATION DATED
11.07.2023 FILED BY THE PETITIONER
BEFORE THE FIRST RESPONDENT
Exhibit P14TRUE COPY OF THE LETTER DATED 11.09.2023
SUBMITTED BY THE PETITIONER TO THE FIRST
RESPONDENT
Exhibit P15TRUE COPY OF THE LETTER DATED 18.09.2023
SENTBYTHETALUKSURVEYOR,

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W.P.(C) NO.10457 OF 2024

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PERINTHALMANNA TO THE SECOND RESPONDENT
Exhibit P16TRUE COPY OF THE ORDER DATED 26.09.2023
PASSED BY THE FIRST RESPONDENT
Exhibit P17TRUE COPY OF THE LETTER DATED 04.11.2023
ISSUED FROM THE FIFTH RESPONDENT TO THE
FIRST RESPONDENT
Exhibit P 18TRUE COPY OF THE REPRESENTATION DATED
07.11.2023 AND ITS RECEIPT SUBMITTED BY
THE PETITIONER BEFORE THE FIRST
RESPONDENT

¶37

RESPONDENTS’ EXHIBITS: NIL

Azad.C. v. District Survey Superintendant

Case brief

What is this about?

What did the court decide?

Azad.C. v. District Survey Superintendant

Case brief

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What did the court decide?

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