A writ petition concerning resurvey of property in Mazhuvannoor village and related complaints was withdrawn at the petitioner's request on the basis of a memo filed by counsel.
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 MOHAMMED NIAS C.P.
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 33876 OF 2017
PETITIONER:
GEORGE KURUVILLA,
AGED 69 YEARS
AGED 69 YEARS, ADVOCATE,S/O.LATE KURUVILLA
K.V.,KULANGATTIL HOUSE, KADACKANAD P.O.,
KOLENCHERY 682 311.
BY ADVS.
C.V.MANUVILSAN
K.VIDYA
VINODE V. LUKA
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM 695 001.2 DISTRICT COLLECTOR, DISTRICT COLLECTORATE, CIVIL STATION, KAKKANAD,ERNAKULAM 682 030.3 ADDITIONAL TAHSILDAR, KUNNATHUNAD TALUK OFFICE,PERUMBAVOOR, ERNAKULAM 683 542.4 TALUK SURVEYOR KUNNATHUNAD TALUK OFFICE,PERUMBAVOOR, ERNAKULAM 683 542.5 MAZHUVANNOOR GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, AIRAPURAM P.O., ERNAKULAM 683 541.6 SECRETARY MAZHUVANNOOR GRAMA PANCHAYAT, AIRAPURAM P.O., ERNAKULAM DISTRICT 683 541.7 K.J.PAULOSEWP(C) NO. 33876 OF 2017
..2..
AGED 67 YEARS, S/O.PAILY YOHANNAN,
KULANGATTIL HOUSE,CHOICE LANE,
NEAR NURSING COLLEGE,
KOLENCHERY P.O.,ERNAKULAM 682 311.
8K.J.THOMAS
AGED 63 YEARS, S/O.PAILY YOHANNAN, KULANGATTIL
HOUSE,KADACKANAD P.O., KOLENCHERY, ERNAKULAM 682 311
9PAILY YOHANNAN, AGED 86 YEARS,
S/O.LATE CHACKO PAILY, KULANGATTIL HOUSE,
KADACKANAD P.O., KOLENCHERY, ERNAKULAM 682 311.
BY ADVS.
SRI.ANOOP.V.NAIR
DR.ELIZABETH VARKEY
SRI.K.J.SAJI ISAAC
GOVERNMENT PLEADER
ELIZABETH VARKEY
JITHIN SAJI ISAAC
V.MANOJKUMAR
M.V.SURESH (KANNUR)
V.K.SREEJITH
M.SRUTHI DAS
SMT. SHEEBA SABARINATH - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 33876 OF 2017
..3..
MOHAMMED NIAS C.P., J. ========================= W.P.(C). No. 33876 of 2017 ========================= Dated this the 11th day of April, 2024
J U D G M E N T
In view of the memo filed and the request of the learned Counsel for the petitioner seeking permission to withdraw the writ petition without prejudice to the right of the petitioner for approaching this Court, in case a fresh cause of action arises, permission is granted.
Therefore, the writ petition is dismissed as withdrawn.
Sd/-
MOHAMMED NIAS C.P.,
JUDGE
LU
WP(C) NO. 33876 OF 2017
..4..
APPENDIX OF WP(C) 33876/2017
PETITIONER EXHIBITS :
EXHIBIT P1TRUE PHOTOCOPY OF THE NOTICE IN FORM-12,
UNDER RULE 48 OF SURVEY AND BOUNDARIES RULES,
1964
EXHIBIT P2TRUE PHOTOCOPY OF THE BASIC TAX REGISTER WITH
RESPECT TO RE-SURVEY NO.241/2 IN BLOCK 46 OF
MAZHUVANNOOR VILLAGE.
EXHIBIT P2(A)TRUE PHOTOCOPY OF THE FIELD MEASUREMENT BOOK
SKETCH WITH RESPECT TO RE-SURVEY NO.241/2 IN
BLOCK 46 OF MAZHUVANNOOR VILLAGE
EXHIBIT P3TRUE PHOTOCOPY OF THE SKETCH PREPARED BY THE
4TH RESPONDENT DATED 29/4/2017
EXHIBIT P3(A)TRUE PHOTOCOPY OF THE REPORT DATED 29/4/2017
SUBMITTED BY THE 4TH RESPONDENT
EXHIBIT P4TRUE PHOTOCOPY OF THE FAIR FIELD REGISTER
PERTAINING TO RE-SURVEY NO.241/2 IN BLOCK 46
OF MAZHUVANNOOR VILLAGE
EXHIBIT P5TRUE PHOTOCOPY OF THE GOVERNMENT ORDER VIDE
NO.G.O.(MS) 362/90/RD DATED 18/5/90 DATED
18/5/90 ISSUED BY THE ADDL. SECRETARY
EXHIBIT P6TRUE PHOTOCOPY OF THE GOVERNMENT ORDER NO.
(M.S) 200/2010/REVENUE DATED 31/5/2010
EXHIBIT P7TRUE PHOTOCOPY OF THE COMPLAINT NO.C6-
8320/17, DATED 12/6/2017 SUBMITTED TO THE 3RD
RESPONDENT
EXHIBIT P8TRUE PHOTOCOPY OF THE ADDITIONAL COMPLAINT
DATED 5/10/2017 SUBMITTED BY THE PETITIONER
TO THE 3RD RESPONDENT
EXHIBIT P9TRUE PHOTOCOPY OF THE WRITTEN COMPLAINT
NO.6902/17 DATED 2/9/2017 SUBMITTED BY THE
WP(C) NO. 33876 OF 2017
..5..
PETITIONER TO THE 6TH RESPONDENT |
|
|---|---|
EXHIBIT P12 |
TRUE PHOTOCOPY OF THE NOTICE DATED 25.09.2017ISSUED TO THE PETITIONER BY THE 6THRESPONDENT. |
EXHIBIT P13 |
A TRUE PHOTOCOPY OF THE SUPPLEMENT FMBSHOWING 1.5 METER WIDTH ROAD TO THE EAST OFRE-SURVEY NO.241/2 IN BLOCK 46 OFMAZHUVANNOOR VILLAGE. |
EXHIBIT P14 |
A TRUE PHOTOCOPY OF COMPLAINT FILED ON18/11/2017 NUMBERED AS EC-2313/17 BEFORE THE3RD RESPONDENT. |
EXHIBIT P15 |
A TRUE PHOTOCOPY OF THE OLD-SURVEY PLANPERTAINING TO OLD SURVEY NOS.99/1, 99/3,102/2 OF MAZHUVANNOOR VILLAGE. |
EXHIBIT P16 |
TRUE PHOTOCOPY OF THE REPRESENTATION DATED02.09.2017 MADE TO THE HEAD SURVEYOR,KUNNATHUNAD TALUK. |
EXHIBIT P17 |
TRUE PHOTOCOPY OF THE REPRESENTATION DATED18.11.2017 MADE TO THE HEAD SUREVEYOR,KUNNATHUNAD TALUK. |
EXHIBIT P18 |
TRUE PHOTOCOPY OF THE CERTIFIED COPY OF THESETTLEMENT DEED VIDE NO. 5563/16 OFPUTHENCRUZ SRO. |
RESPONDENT EXHIBITS |
|
EXHIBIT R8 A |
TRUE COPY OF THE BUILDING PERMIT ISSUED BYTHE 5TH RESPONDENT. |
EXHIBIT R8 B |
TRUE COPY OF THE SALE DEED NO.1224 OF 1985 OFPUTHENCRUZ SRO |
EXHIBIT R8 C |
TRUE COPY OF THE LOCATION SKETCH. |
// |
True Copy // PA To Judge |
George Kuruvilla
State of Kerala, represented by its Secretary, Department of Revenue
District Collector, Ernakulam
Additional Tahsildar, Kunnathunad Taluk
Taluk Surveyor, Kunnathunad Taluk
Mazhuvannoor Grama Panchayat
Mohammed Nias C.P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court