High Court of KeralaWP(C)/16798/2013disposed of

Abdulla v. The District Superintendent Of Survey

2015-11-27Honourable Mr. Justice Shaji P.Chaly5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY FRIDAY, THE 27TH DAY OF NOVEMBER 2015/6TH AGRAHAYANA, 1937 W.P.(C).No. 16798 of 2013 (Y) ---------------------------- PETITIONER(S):

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1. ABDULLA, AGED 65 YEARS, S/O.IBRAHIM, TRADER, RESIDING AT ASAREENTAVIDA, CHORODE VILLAGE, MUTTUNGAL AMSOM, POST MUTTUNGAL WEST, VATAKARA TALUK, KOZHIKODE DISTRICT, KERALA STATE-673 106.

2. KUNHIMARIYAM, AGED 58 YEARS, D/O.KUNHABDULLA, HOUSE WIFE, RESIDING AT ASAREENTAVIDA, CHORODE VILLAGE, MUTTUNGAL AMSOM, POST MUTTUNGAL WEST, VATAKARA TALUK, KOZHIKODE DISTRICT, KERALA STATE-6731 06.

BY ADVS.SRI.B.KRISHNAN SRI.R.PARTHASARATHY RESPONDENT(S):

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1. THE DISTRICT SUPERINTENDENT OF SURVEY OFFICE OF THE SUPERINTENDENT OF SURVEY, KOZHIKODE-673 020.

2. THE TAHSILDAR, VATAKARA-673 101.

3. THE VILLAGE OFFICER, CHORODE-673 106.

4. THE RESURVEY SUPERINTENDENT, OFFICE OF THE RESURVEY SUPERINTENDENT, VATAKARA-673 101.

5. THE STATE OF KERALA, WITH ADDRESS FOR SERVICE- THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695,001.

6. BEEVI, AGED 60 YEARS, D/O.AMMAD, HOUSE WIFE, RESIDING AT KUTTIHASSANTAVIDA, CHORODE VILLAGE, MUTTUNGAL AMSOM, POST MUTTUNGAL WEST, VATAKARA TALUK, KOZHIKODE DISTRICT, KERALA STATE-6731 06.

BY GOVERNMENT PLEADER, SRI. ARUN KUMAR M.R. KARANAVAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.T.O.

WP(C).No. 16798 of 2013 (Y) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXHIBIT-P1:

TRUE COPY OF THE DEED OF ASSIGNMENT 711 OF VATAKARA SRO DATED 19TH MAY 1970.

EXHIBIT-P2:

TRUE COPY OF THE DEED DATED 23RD NOVEMBER 1996. EXHIBIT-P3:

TRUE COPY OF DEED DATED 26TH NOVEMBER 1996.

EXHIBIT-P4:

TRUE COPY OF THE DEED DATED 16TH OCTOBER 1998. EXHIBIT-P5:

TRUE COPY OF THE FIELD PLAN ISSUED BY THE 3RD RESPONDENT FOR THE PROPERTY HELD BY THE WRIT PETITIONER.

EXHIBIT-P6:

TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT FIXING THE BOUNDARY UNDER THE SURVEY BOUNDARY RULES TO THE WRIT PETITIONER. EXHIBIT-P7:

TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT TO THE 6TH RESPONDENT.

EXHIBIT-P8:

TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT IN APPEAL BY THE 6TH RESPONDENT.

EXHIBIT-P9:

TRUE COPY OF THE SURVEY PLAN ISSUED BY 3RD RESPONDENT DATED 22.11.2012.

EXHIBIT-P10:

TRUE COPY OF THE BASIC TAX RECEIPT ISSUED BY 3RD RESPONDENT TO THE WRIT PETITIONER DATED 11.6.2012.

EXHIBIT-P11:

TRUE COPY OF THE REPRESENTATION DATED 10.5.2013 ADDRESSED TO THE 4TH RESPONDENT.

RESPONDENT(S)' EXHIBITS: NIL --------------------------------------- //TRUE COPY// P.S. TO JUDGE St/-

SHAJI P. CHALY, J.

-------------------------------------------------- ----------------------------------------------- Dated this the 27th day of November, 2015

JUDGMENT

This writ petition is filed by the petitioners seeking direction to the Respondents to cause necessary changes in the land records by separately showing the property held by th Respondent the petitioners and the property held by the 6 consistent with the boundaries fixed in Exts.P6, P7 and P8 (mistakenly shown as Ext.P9 in the writ petition). 2.

Heard the learned counsel for the petitioners and the learned Government Pleader for Respondents 1 to 5. 3.

Petitioners are the owners of properties comprised in Re-survey No.18/3 of the Muttungal Amsom within the limits of Chorode Village under registered assignment deed 711 of 1970 of the Vatakara Sub Registry Office dated 19.05.1970. th Respondent has title to certain immovable So also, the 6 property in Re-survey No.18/2 under Exts.P2, P3 and P4 title th Respondent have filed deeds. Petitioners as well as the 6 application for demarcating their respective boundaries, consequent to which Exts.P6 and P7 statutory notices were

issued and the boundaries were fixed in accordance with the th title deeds of the respective parties. However, aggrieved, 6 Respondent has taken the matter in appeal before the 1st st Respondent. Thereupon, after hearing the parties, 1 Respondent has confirmed the boundary fixed by the Tahsildar. This has become final. Now the case projected by the petitioners is that even though the dispute with regard to the boundary has become concluded, while conducting Re-survey, th Respondent the properties of the petitioners as well as the 6 were clubbed together in Re-survey No.16/29. This has th caused serious prejudice to the petitioners as well as the 6 Respondent.

st petitioner has 4.

To rectify the mistake crept in, 1 th Respondent and the same is submitted Ext.P11 before the 4 pending consideration. Even though petitioners have made th Respondent has not cared to pass any sincere efforts, 4 orders on the same. It is thus aggrieved by the inaction of the th Respondent, this writ petition is filed by the petitioners. 5.

Having considered the rival submissions, this Court finds that since the dispute whatever existed was rectified consequent on the applications made by the petitioners and

th Respondent, the action of the 4 th Respondent by again the 6 clubbing the said properties in a new survey number is not fair and proper. Anyhow, the grievance voiced by the petitioners th in this writ petition is pending consideration before the 4 th Respondent to take a Respondent and therefore it is for the 4 decision in the matter in accordance with law, after taking into st petitioner in Ext.P11.

account the grievance put forth by the 1 th 6.

Therefore, there will be a direction to the 4 Respondent to pass orders on Ext.P11 taking into account all the attendant circumstances and after providing an opportunity th Respondent, of hearing to the petitioners as well as the 6 within a period of two months from the date of receipt of a copy of this judgment. In order to appreciate the contentions of the petitioners in a proper manner, petitioners are directed to produce a copy of this writ petition along with the attendant th Respondent. The whole exercise documents before the 4 shall be completed as ordered above.

The writ petition is disposed of accordingly. Sd/- SHAJI P. CHALY JUDGE St/- 27.11.2015