Ashokan v. The Survey Director

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 15TH DAY OF DECEMBER 2015/24TH AGRAHAYANA, 1937 WP(C).No. 28528 of 2015 (M) ----------------------------------------- PETITIONER(S):

----------------------- ASHOKAN, AGED 46 YEARS, S/O.SREEDHARAN, MOONJALI, ANGAMALI KARA, ANGAMALI VILLAGE, ERNAKULAM DISTRICT.

BY ADV. SRI.PAUL K.VARGHESE RESPONDENT(S):

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

1. THE SURVEY DIRECTOR, SURVEY BHAVAN, VAZHUTHAKODE, PIN-695 014.

2. THE SUPERINTENDENT, SURVEY AND LAND RECORDS, KAKKANAD CIVIL STATION, ERNAKULAM, PIN-682 030.

3. THE DEPUTY DIRECTOR OF RE-SURVEY RE-SURVEY OFFICE KAKKANAD, PIN-682 030.

4. THE HEAD SURVEYOR AND APPROVING AUTHORITY, REGISTRATION SUB DIVISION OFFICE, ANGAMALLY, PIN-683 572.

5. THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD, COCHIN-682 030.

6. SHEEBA SHAJI, W/O.SHAJI, AGED 40 YEARS, C/O.KARTHIYAYANI THANKAPPAN, MOONJALI HOUSE, ANGAMALI.P.O, PARAKULAM ROAD, PIN-683 572.

7. KARITHIYAYANI, AGED 64 YEARS, W/O.THANKAPPAN, MOONJALI HOUSE, ANGAMALI P.O., PARAKKULAM ROAD, PIN-683 572.

R6 & R7 BY ADV. SRI.DINESH MATHEW J.MURICKEN R BY GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 28528 of 2015 (M) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P-1: A TRUE COPY OF THE SALE DEED NO.2159/91 OF ANGAMALY SRO DATED 15/6/991 EXHIBIT P-2: A TRUE COPY RECTIFICATION DEED NO.992/09 OF ANGAMALY SRO DATED 27/4/2009 EXHIBIT P-3: A TRUE COPY OF THE RELEVANT PAGE OF BASIC TAX RECEIPT MAINTAINED IN THE VILLAGE OFFICE, ANGAMALY EXHIBIT P-4: A TRUE COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICE ANGAMALY TO THE PETITIONER DATED 28.1.2013 EXHIBIT P-5: A TRUE COPY OF THE JUDGMENT WRIT PETITION NO.13518/13 '

DATED 24/7/2013 EXHIBIT P-6: A TRUE COPY OF THE PLAINT IN O.S.NO.638/2013 BEFORE THE MUNSIFF COURT ALUVA FILED BY THE 6TH AND 7TH RESPONDENTS DATED 16.12.2013 EXHIBIT P-7: A TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER IN O.S NO.638/2013 BEFORE THE MUNSIFF COURT ALUVA DATED 19.7.2014 EXHIBIT P-8: A TRUE COPY OF THE COMPLAINT NANIL FILED BY THE PETITIONER BEFORE THE DIST COLLECTOR DTD.26.6.2014.

EXHIBIT P-9: A TRUE COPY OF THE REPLY SENT BY THE DISTRICT SURVEY SUPERINTEND TO THE PETITIONER DATED 17/9/2014 EXHIBIT P-10: A TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE SURVEY DIRECTOR DATED 4/9/2014 EXHIBIT -P-11: A TRUE COPY OF THE ORDER NO.H1-19139/2014 ISSUED BY THE SURVEY DIRECTOR TO THE PETITIONER DATED 22/6/2015 RESPONDENT(S)' EXHIBITS:

----------------------------------------- EXHIBIT R6(a): TRUE COPY OF THE SURVEY MAP PREPARED BY THE 4TH RESPONDENT OF THE PETITIONER'S PROPERTY.

//TRUE COPY// P.S.TO JUDGE Msv/

A.MUHAMED MUSTAQUE, J.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No.28528/2015 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 15th Day of December, 2015

J U D G M E N T

The petitioner had approached the first respondent for correcting anomaly in respect of a property comprised in the resurvey No. 436/10 of Angamaly Village. His request has not been considered stating that a civil suit is pending before the Munsiff's Court, Aluva as O.S. No. 638/13. 2.

This Court is of the view that any exercise of the Survey Authority will be subject to the result of the suit. Therefore, without prejudice to the right of the parties to agitate before the civil court, survey shall be completed by the first respondent within a period of three months after hearing all the parties, which will be subject to the outcome of the civil suit.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ms