High Court Kerala High Court

A.B. Radhakrishna Menon vs The Secretary on 17 December, 2008

Kerala High Court
A.B. Radhakrishna Menon vs The Secretary on 17 December, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 1144 of 2008(J)


1. A.B. RADHAKRISHNA MENON,
                      ...  Petitioner

                        Vs



1. THE SECRETARY,
                       ...       Respondent

2. THE TAHSILDAR,

3. THE HEAD SURVEYOR AND

4. THE DIRECTOR OF SURVEY AND

5. RAVEENDRA NATHA PILLAI,

6. NARAYANA PILLAI,

7. SUKUMARA PILLAI,

8. NISHA SIVARAMAN,

                For Petitioner  :SRI.K.V.SOHAN

                For Respondent  :SRI.S.SREEKUMAR

The Hon'ble MR. Justice V.GIRI

 Dated :17/12/2008

 O R D E R
                          V.GIRI, J.
         -------------------------
                W.P.(C).No.1144 of 2008
         -------------------------
          Dated this the 17th day of December, 2008.


                       JUDGMENT

The petitioner has been using a pathway, which

he describes, as a ‘Public Pathway’ in Old Survey No.391/6A

of the Thurvaoor Village. The said pathway was also one

being used a way from the Kidangoor Mahavishnu Temple

to Arattukadavu. According to the petitioner, it is a public

pathway and has been so for several years ago. The

petitioner contends that respondents 5 to 7 tried to reduce

the width of the said pathway. Thereupon, the Village

Officer measured the property and submitted a report. The

petitioner contends that the 1st respondent failed to take

any effective steps for preserving the pathway for public

use. This was apparently complained against by the

President of the Kidangoor Mahavishnu Kshetra Committee;

who sought for what is called as “a restoration of the

pathway” to its full width and requested the Taluk Surveyor

to measure the property before restoration of the property.

2. The petitioner refers to the Survey Map

prepared by the 8th respondent, Licensed Surveyor. The

W.P.(C).NO.1144/08

:: 2 ::

petitioner submits that a Torrens Survey Map in the village

is yet to be prepared and unless it is prepared, it is quite

possible that the pathway might be obliterated in course of

time. He, therefore, submitted Ext.P5 representation before

the Director of Survey and Land Records. The writ petition

has been filed essentially seeking a direction to the Director

of Survey and Land Records to take a decision on Ext.P5.

3. A counter affidavit has been filed by

respondents 5 to 7 and separate counter affidavits by

respondents 1 and 3. Reference is made to the obligation

of the Panchayat to preserve the puramboke land. The

counter affidavit filed by the 3rd respondent affirms the

existence of the pathway and its user by the devotees of the

Arattukadavu and Mahavishnu Temple during festival time.

The counter affidavit filed by respondents 5 to 7 refers to a

measurement conducted by the Taluk Surveyor and the

issuance of Ext.R7(h) survey sketch.

4. A Torrens Survey, in the circumstances as

sought for by the petitioner, cannot be objected to by the

respondents. It seems that the Director has already

W.P.(C).NO.1144/08

:: 3 ::

forwarded Ext.P5 to the Deputy Director and it would suffice

if the Deputy Director proceeds to take further steps to see

that Torrens Survey in the Village is completed.

In the result, the writ petition is disposed of

directing the 4th respondent to take further steps pursuant

to Ext.P5 and complete the measurement in terms of Ext.R7

(h) in relation to New Survey No.39/4 Block No.13 of

Thuravoor Village. If it is found that there has been any

error in the survey map already prepared, that shall be

directed to be corrected based upon the measurement to be

effected pursuant to Ext.R7(h). This shall be done within

two months from the date of receipt of a copy of this

judgment.

Sd/-

(V.GIRI)
JUDGE
sk/

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