State Of Kerala v. Thressiamma
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 22ND DAY OF MAY 2015/1ST JYAISHTA, 1937 RP.No. 1008 of 2012 (K) IN WP(C).16502/2012 --------------------------------------------- AGAINST THE ORDER/JUDGMENT IN WP(C) 16502/2012 REVIEW PETITIONERS/RESPONDENTS ----------------------------
1. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, SECRETARIAT THIRUVANANTHAPURAM-695001.
2. THASILDAR (ADDITIONAL) OFFICE OF THE TAHSILDAR, KUNNATHUNADU TALUK PERUMBAVOOR-683542.
3. THE SURVEYOR KUNNATHUNADU TALUK, PERUMBAVOOR-683542.
BY G.P. SHRI PADMALAYAN RESPONDENTS/PETTIONERS ----------------------------------------
1. THRESSIAMMA GEORGE AGED 82 YEARS W/O. LATE GEORGE, KOIKKARA HOUSE, THAMARACHAL KIZHAKKAMBALAM P.O.
2. JOSE K.G.
S/O. LATE GEORGE, KOIKKARA HOUSE, THAMARACHAL KIZHAKKAMBALAM P.O.
3. CHACKACHEN K.G.
S/O. LATE GEORGE, KOIKKARA HOUSE, THAMARACHAL KIZHAKKAMBALAM P.O.
4. CLEETUS K.G.
S/O. LATE GEORGE, KOIKKARA HOUSE, THAMARACHAL KIZHAKKAMBALAM P.O.
BY ADV. SRI.P.KESAVAN NAIR THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 22-052015, ALONG WITH WPC. 16502/2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R.P.NO.1008/2012 APPENDIX PETITIONERS' EXTS:
ANNEXURE A1- TRUE COPY OF LETTER DATED 18.8.2012 ANNEXURE A2-TRUE COPY OF PROCEEDINGS NO.G3-3400/88 DATED 2.6.1989 ANNEXURE A3-TRUE COPY OF POSSESSION OF LAND WHICH IS MARKED ACCORDING TO RS RECORDS ANNEXURE R1-TRUE COPY OF FORM 8 ANNEXURE R2-TRUE COPY OF FORM NO.10 ANNEXURE R3-TRUE COPY OF APPLICATION DT.3.11.2012 FILED BY 4TH RESPONDENTs ANNEXURE R4-TRUE COPY OF REPLY DATED 16.11.2012 BY PUBLIC INFORMATION OFFICER ANNEXURE R5-TRUE COPY OF GO(MS) 409/12/REVENUE DT.31.10.2012 ANNEXURE R6-TRUE COPY OF ETTER DATED 18.8.2012 ANNEXURE R7-TRUE COPY OF GO DATED 31.5.2010 ANNEXURE R8-TRUE COPY OF ORDER DATED 6.9.2012 ANNEXURE R9-TRUE COPY OF SKETCH OF EXT.P1 TITLE DEED ANNEXURE R10-TRUE COPY OF SURVEY KSETCH OF EXT.P2 TITLE DEED ANNEXURE R11-TRUE COPY OF APPLICATION DT.22.12.2011 ANNEXURE R12-TRUE COPY OF DO.
ANNEXURE R13-TRUE COPY OF APPLICATION DT.30.10.2012 ANNEXURE R14 TRUE COPY OF ORDER DATED 5.12.2012 ANNEXURE R15-TRUE COPY OF PETITION DATED 24.3.2015 SUBMITTED BY THE WRIT PETITIONERS.
//TRUE COPY // P.S. TO JUDGE
T.R. RAMACHANDRAN NAIR, J.
- - - - - - - - - - - - - - - - - - - - - - - - - R.P.No.1008/2012 & W.P.(C) No.16502/2012 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of May, 2015
JUDGMENT
R.P.No.1008/2012 This review petition is filed by the respondents in the writ petition. The writ petition was disposed of by issuing a direction to the third respondent to complete the demarcation in terms of the provisions of the Act within a period of two months from the date of production of a copy of the judgment.
2. The contention raised in the review petition is that the properties mentioned in the application have already been re-surveyed. The application for survey is therefore not maintainable and the writ petitioner will have to file an application in Form 10 under Rule 43 of Survey and Boundaries Rules, 1964.
3. The matter was heard at length on different occasions and the respective parties have filed affidavits and counter affidavits also. Learned counsel appearing for the respondents submitted that the
RP 1008/2012 & WPC 16502/2012 petitioners in the writ petition are satisfied if a direction is issued to consider the representation submitted along with I.A. No.201/2015 in R.P.No.1008/2012 (marked as Annexure R15). It is submitted that the same is in tune with the provisions of Annexure R7 Govt. Order, viz. G.O.(MS) No.200/2010/Revenue dated 31.5.2010, which provides a remedy to an aggrieved party in such cases.
4. In the light of the above, the judgment under review is recalled and the review petition is allowed to that extent. It is made clear that I have not expressed anything on the merits of the matter. W.P.(C) No.16502/2012
5. The writ petition is filed with the main prayer "to issue a writ of mandamus or appropriate writ, order or direction to the respondents 2 and 3 to survey and demarcate the property covered by Exts.P1 and P2 pursuant to Ext.P3 application." After the disposal of the writ petition, the respondents filed R.P.No.1008/2012 and today the said review petition has been disposed of. The petitioners have already filed another representation dated 24.3.2015 to the Additional Tahsildar, the second respondent herein. It is submitted by the learned
RP 1008/2012 & WPC 16502/2012 counsel for the petitioners that the petitioners are satisfied if a direction is issued to consider and pass orders on the said representation.
6. Therefore, there will be a direction to the second respondent to consider and pass orders on the representation dated 24.3.2015 produced as Annexure R15 in R.P.No.1008/2012. The petitioners have filed the said representation in the light of G.O.(MS) No.200/2010/Revenue dated 31.5.2010. An appropriate decision will be taken within a period of six weeks from the date of receipt of a copy of this judgment. A copy of the representation dated 24.3.2015 will be appended to this judgment.
The writ petition is disposed of as above. No costs. (T.R. RAMACHANDRAN NAIR, JUDGE.) kav/