Bindu Lekshmi v. Revenue Divisional Ofifcer,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 14TH DAY OF OCTOBER 2015/22ND ASWINA, 1937 W.P.(C)No.30335 of 2012(N) PETITIONER:
BINDU LEKSHMI N.G., "THEJUS", AIKADU, KODUMON P.O., ADOOR, PATHANAMTHITTA DISTRICT BY ADV. SRI.C.B.SREEKUMAR RESPONDENTS:
1.
REVENUE DIVISIONAL OFIFCER, ADOOR, PIN 691 523. 2.
DISTRICT SURVEY SUPERINTENDENT COLLECTORATE, PATHANAMTHITTA, PIN 689 645.
3.
TAHSILDAR, TALUK OFFICE, ADOOR, PIN - 691523. 4.
SRI.KAMALASANAN, PUTHENPURACKEL PADINJATTETHIL, AIKADU, KODUMON P.O. ADOOR, PATHANAMTHITTA DISTRICT, PIN 691 555.
BY GOVT. PLEADER, SMT.C.K. SHERIN FOR R1 TO R3 BY ADV. SMT.ASHA ELIZABETH MATHEW FOR R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.10.2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
[P.T.O]
W.P(C).No.30335/2012(N) APPENDIX PETITIONER'S EXHIBITS:
P1- TRUE COPY OF THE TAX RECEIPT DATED 4.10.11. P2- TRUE COPY OF THE SURVEY PLAN P3- TRUE COPY OF THE POSSESSION CERTIFICATE FROM THE VILLAGE OFFICER, KODUMON DAED 17.2.2010 P4- TRUE COPY OF THE NOTICE DATED 08.8.2012 FROM THE TALUK OFFICE P5- TRUE COPY OF THE COMPLAINT BEFORE THE 1ST RESPONDENT UNDER SECTION 133 CR.P.C. DATED 25.7.2012.
P6- TRUE COPY OF THE ROUGH SKETCH SHOWING LIE AND NATURE OF THE PROPERTY.
P7- TRUE COPY OF THE NOTICE DATED 4.10.2012 TO THE PETITIONER DATED 17.10.2012.
P8- TRUE COPY OF THE REPRESENTATION BEFORE THE 2ND RESPONDENT DATED 29.11.2012.
RESPONDENTS' EXHIBITS:
NIL // TRUE COPY // PA TO JUDGE PtK/
A.MUHAMED MUSTAQUE, J.
***************************************************************************** W.P.(C) No.30335 of 2012 ****************************************************************************** Dated this the 14th day of October, 2015
JUDGMENT
The petitioner has approached this Court seeking a direction to the official respondents to conduct re-survey in accordance with the records and survey plan of the property having an extent of 2.70 Ares comprised in Sy.No.257/14 of Adoor Village. The petitioner has a case that the survey authorities did not measure the property due to the objections raised by the party respondent.
2.
In this matter, a statement has been filed by the second respondent. It is stated in the statement that the survey was conducted and boundaries were fixed. Thereafter, based on the representation made by the petitioner, survey was again conducted and confirmed the earlier survey and fixing of the boundary by the Taluk Surveyor. In view of the above, this Court is of the view that the petitioner has any other dispute regarding identity of the property, she is free to approach the civil court to agitate this issue and the survey is now completed by the revenue officials will be subject to decision of the civil court. The writ petition is disposed of as above.
Sd/- A.MUHAMED MUSTAQUE, JUDGE ln