Kerala High Court

WP(C)/41366/2016 of JOSE D.KAPPIL Vs TAHASILDHAR on 30 December 2016

COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 30TH DAY OF DECEMBER 2016/9TH POUSHA, 1938 WP(C). No.41366 of 2016 (U) --------------- PETITIONER(S): ------------- JOSE D.KAPPIL, S/O DEVASSI, AGED 63 YEARS, THOPPIL HOUSE, BEHIND INFANT JESUS

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

FRIDAY, THE 30TH DAY OF DECEMBER 2016/9TH POUSHA, 1938

WP(C). No.41366 of 2016 (U) --------------- PETITIONER(S):------------- JOSE D.KAPPIL, S/O DEVASSI, AGED 63 YEARS,THOPPIL HOUSE, BEHIND INFANT JESUS CHURCH,HIGH COURT OF KERALA, ERNAKULAM-31.

BY ADV. SRI.K.I.SAGEER

RESPONDENT(S):--------------

1. TAHSILDHAR, TALUK OFFICE, KANAYANNUR.ERNAKULAM-682031. TALUK OFFICE, KANAYANNUR.ERNAKULAM-682031.

2. VILLAGE OFFICER, VILLAGE OFFICE, ERNAKULAM-682018.

3. TALUK SURVEYOR,

TALUK OFFICE, ERNAKULAM--682018.

BY GOVERNMENT PLEADER SMT.VINEETHA HARIRAJ

THIS WRIT PETITION(CIVIL) HAVING COME UP FOR ADMISSION ON 30-12-2016,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX

PETITIONER(S)' EXHIBITS:

P1:COPY OF THE SALE DEED NO.873/1991 OF SRO, ERNAKULAM DT.15.3.1991.

P2:COPY OF THE LAND TAX RECEIPT ISSUED BY THE 2ND RESPONDENTDT.13.4.2015.DT.13.4.2015.

P3:COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE 3RDRESPONDENT DT.26.9.2016.RESPONDENT DT.26.9.2016.

P3(A):COPY OF THE RECEIPT ISSUED BY THE 3RD RESPONDENT DT.26.9.2016.

P4:COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT DT.24.11.2016.

P5:COPY OF THE REQUEST DT.25.11.2016 OF THE PETITIONER BEFORE THE1ST RESPONDENT.1ST RESPONDENT.

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P5(A):COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT DT.29.11.2016.

RESPONDENT(S)' EXHIBITS:-NIL

-----------------------------

KRJ

//TRUE COPY//

P.A. TO JUDGE

DEVAN RAMACHANDRAN, J

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P(C) No.41366 of 2016

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30[th] day of December, 2016

JUDGMENT

The petitioner has approached the third respondent claiming that his property be surveyed under the provisions of the Surveyand Boundaries Act, 1961 (the Act, for short). According to thepetitioner, even though his application, viz. Exhibit P3, is pendingbefore the third respondent, no action has been taken on it.According to him, he has the right to get the property surveyedunder the provisions of the Act and the inaction of the thirdrespondent is illegal and unconstitutional.

2. I have heard the learned counsel for the petitioner andthe learned Government Pleader appearing on behalf of therespondents.

3. Since I see that Exhibit P3 has been made by the petitioner under the provisions of the Act and that there is a duty cast uponthe third respondent to consider and pass orders, especially inaccordance with the provisions of the Act thereon and otherapplication Regulations, I see no reason why the same can bedirected to be disposed of.

WP(C).41366/16

In the above circumstances, I direct the third respondent toimmediately take up Exhibit P3 application, consider the same andto issue orders thereon, after affording the petitioner an opportunityof being heard. This exercise shall be completed within six weeksfrom the date of receipt of a copy of this judgment.

krj.30/12

Sd/-Devan Ramachandran, Judge

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