Kamarudin v. The District Collector

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 17TH DAY OF JULY 2015/26TH ASHADHA, 1937 WP(C).No. 7894 of 2014 (J) --------------------------- PETITIONER:

------------- KAMARUDIN, AGED 40 YEARS, S/O.SULAIMAN, ASHARIPARAMBIL, MANJUMAL P.O., ERNAKULAM-683 501.

BY ADV. SRI.E.S.ASHRAF RESPONDENTS:

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1. THE DISTRICT COLLECTOR, OFFICE OF THE COLLECTORATE, ERNAKULAM, KOCHI-682 031.

2. THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL OFFICER, FORT KOCHI, ERNAKULAM.

3. THE TAHSILDAR/ADDITIONAL TAHSILDAR, TALUK OFFICE, PARAVUR-683 513.

4. THE TALUK SURVEYOR, TALUK OFFICE, PARAVUR, KOCHI-683 513.

5. THE VILLAGE OFFICER ELOOR, ELOOR P.O., ERNAKULAM.

6. SUB INSPECTOR OF POLICE ELOOR POLICE STATION, ERNAKULAM.

7. SANTHILAL S/O.RAMAKRISHNAN, PERINCHERI PUTHUVAL PARAMBIL, MANJUMMAL P.O., ERNAKULAM-683 501.

R7 BY ADV. SRI.JIMMY GEORGE R7 BY ADV. SRI.M.JOSE ANTONY R7 BY ADV. SRI.M.R.SURESH R3 BY ADV. SRI. MANOJ P. KUNJACHAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 7894 of 2014 (J) --------------------------- : 2 :

APPENDIX PETITIONER'S EXHIBITS :

----------------------------- EXHIBIT P1 : TRUE COPY OF THE RE-SURVEY SKETCH RECEIVED UNDER THE RTI ACT.

EXHIBIT P2 : TRUE COPY OF THE COMPLAINT DT.16-3-2012 SUBMITTED BEFORE THE TAHSILDAR.

EXHIBIT P3 : TRUE COPY OF THE RECEIPT.

EXHIBIT P4 : TRUE COPY OF THE REPRESENTATION DT.28-12-2013. EXHIBIT P5 : TRUE COPY OF THE REVENUE LIST SUBMITTED BY THE VILLAGE OFFICER, ELOOR.

EXHIBIT P6 : TRUE COPY OF THE REPRESENTATION DT.1-1-2014 SUBMITTED BEFORE THE VILLAGE OFFICER.

EXHIBIT P7 : TRUE COPY OF THE REPORT PREPARED BY THE VILLAGE OFFICER. RESPONDENTS' EXHIBITS :

------------------------------ /True Copy/ P.A to Judge.

K. VINOD CHANDRAN, J.

===================== W.P.(C) No.7894 of 2014 - J ====================== Dated this the 17th day of July, 2015

J U D G M E N T

The petitioner was aggrieved with the delay in rectification of anomaly despite a survey having been conducted. Paragraph 4 of the statement of the respondent is extracted hereunder:-

4. The Taluk Surveyor forwarded the complaint to the Village Officer for enquiry, report and also for furnishing revenue list. Since the Village Officer has reported the matter earlier, after a detailed enquiry he submitted the revenue list. The revenue list along with the complaint was handed over to Taluk Surveyor by the Additional Tahsildar for further action. The matter is still pending before the 4th respondent, Taluk Surveyor. Necessary steps will be taken in this matter to conduct the survey as early as possible.

2. The said undertaking is recorded. The rectification shall be made in accordance with law, if permissible within a period of three months from the date of production of the certified copy of this judgment with notice to the parties. The writ petition is disposed of.

Sd/- K. VINOD CHANDRAN, JUDGE SB // true copy // P.A to Judge.