Manomahanan v. The Taluk Surveyor

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 11TH DAY OF AUGUST 2015/20TH SRAVANA, 1937 WP(C).No. 24349 of 2015 (P) ---------------------------------------- PETITIONER(S):

---------------------- MANOMAHANAN, AGED 64 YEARS, S/O.LATE NARAYANANKUTTY, PRESENTLY RESIDING AT :CHANGALERI HOUSE, SIVANKUNNU MANNARKKAD (P.O.), PALAKKAD DISTRICT.

BY ADVS.SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENT(S):

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

1. THE TALUK SURVEYOR, OTTAPALAM, PALAKKAD DISTRICT-678001.

2. ADDITIONAL TAHSILDAR, OTTAPALAM, PALAKKAD DISTRICT-678001.

3. TAHSILDAR, OTTAPALAM, PALAKKAD DISTRICT-678001.

4. VILLAGE OFFICER, ANANGANADI, OTTAPALAM, PALAKKAD DISTRICT-678001. BY GOVERNMENT PLEADER SMT.C.V. SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PJ

WP(C).No. 24349 of 2015 (P) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1:

TRUE COPY OF THE DOCUMENT NOS.1216/1967.

EXHIBIT-P2:

TRUE COPY OF THE DOCUMENT NOS.1217/1967, OF CHERPLASSERI SRO.

EXHIBIT-P3:

TRUE COPY OF THE DOCUMENT NOS.300/1980 OF CHERPLASSERI SRO.

EXHIBIT-P4:

TRUE COPY OF THE BASIC TAX RECEIPT DATED 17.6.2015. EXHIBIT-P5:

TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE TAHSILDAR OTTAPALAM ON 19.5.2014.

EXHIBIT-P6:

TRUE COPY OF THE REPRESENTATION DATED 21.5.2015 SUBMITTED BEFORE THE SUB COLLECTOR OTTAPALAM.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

K. VINOD CHANDRAN, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P(C) No. 24349 of 2015 P - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of August, 2015

J U D G M E N T

The petitioner was in possession and enjoyment of 1.94 acres covered by Exts.P1 to P3. The petitioner has filed Ext.P5 application before the Tahsildar for surveying the property covered by Exts.P1 to P3. The petitioner contends that since there was inaction on Ext.P5, by the Tahsildar, Ext.P6 representation was filed before the Sub Collector. The Sub Collector directed the 3rd respondent to conduct survey and to file report on the same. Till date no steps have been taken to survey the property as requested by the petitioner in Ext.P6.

2. In such circumstance the 4th respondent shall consider Ext.P5 application and conduct a survey of the property as requested by the petitioner in Ext.P6. The authority definitely will have to look at the similar applications pending before it and

WPC.No.24349/2015 : 2 :

dispose of the same in accordance with law however, taking up for disposal those applications filed earlier in point of time first. The above application shall be disposed of at any rate, within a period of four months from the date of receipt of a certified copy of this judgment.

Writ petition is disposed of as above.

Sd/- (K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge