IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 6799 of 2010(Y)
1. BROTHER THOMAS K.K., REGIONAL SUPERIOR,
... Petitioner
2. BABU CHERIAN, 7 C, TOC H RETREAT,
3. SAVIO GONSALVES, BETHLAHEM HOUSE,
Vs
1. THE TAHSILDAR,
... Respondent
2. THE TALUK SURVEYOR,
For Petitioner :SRI.P.RAMAKRISHNAN
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :19/03/2010
O R D E R
T.R.RAMACHANDRAN NAIR, J.
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W.P.(C)No. 6799 OF 2010
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DATED THIS THE 19th DAY OF MARCH, 2010
J U D G M E N T
The petitioners are claiming possession of various items of
properties covered by Exhibits P1 to P4 documents. According to
the petitioners, the properties are lying contiguous. There was
some dispute between the petitioners and the respondents with
regard to the title and possession of the properties of the
petitioners. In the light of the above, the petitioners approached
this Court by filing W.P.(C)No.14676/08 and 19593/08. This
Court directed the respondents to take further action only after
notice to the petitioners, after providing a personal hearing.
Thereafter the petitioners filed Exhibits P5 to P7 representations
in the matter. The petitioners had approached this Court by filing
W.P.(C)No.28800/2008, since there was no response further.
That Writ Petition was disposed of by Exhibit P8 judgment
directing that notice should be given to the adjoining property
owners under Rule 48 of the Survey and Boundary Rules, 1994
before further action is taken by the authority. Thereafter the
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petitioners were issued notice as per Exhibit P9 and carried out
the survey on their property. They were not issued the survey
sketch, even though it was promised.
2. Failing to get any reply in the matter and seeking for
copies of the orders as well as the survey sketch, this Writ
Petition has been filed.
3. Heard the learned Government Pleader, for
respondents. Going by the communication from the Tahsildar,
Udumbanchola,the copy of which was submitted for perusal, the
Taluk Surveyor and the petitioners were present for survey
operations on 2.1.2009. As per the documents produced by the
petitioners, the land involved in the case is in Sy.No.20/1 of
Chinnakkanal Village. But the 1st and 3rd petitioners were
pointing out certain pieces of land in Sy.No.495(included in 70
Acres of Government land in Survey Nos.495, 532, 540 and 541)
of Chinnakkanal Village as in their possession. The 2nd petitioner
was pointing out a part of the land in Sy.No.529 of Chinnakkanal
Village as in his possession. It is mentioned that the survey
records and the documents produced by them were verified and
W.P.(C)No.6799/10 -3-
the entries in the basic tax register were also verified and the
status of the land is Government Puramboke. Finally it is
pointed out that none of the petitioners were having any valid
title over the land claimed to be in their possession and therefore
the Taluk Surveyor could not conduct the survey and issue
sketches of the land in question. Report in that regard by the
Taluk Surveyor was received by the Tahsildar, Udumbanchola on
17.3.2010 and a formal intimation of disposal of application for
survey by the petitioners will be issued without delay.
4. Therefore, there will be a direction to the 1st
respondent to communicate the result of the survey to the
petitioners within a period of three weeks from the date of receipt
of a copy of this judgment. Leaving open the remedy of the
petitioners to challenge the same, the Writ Petition is disposed of.
T.R.RAMACHANDRAN NAIR,
JUDGE
dsn