IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 30921 of 2010(M)
1. RANI JOEMON, AGED 42 YEARS,
... Petitioner
Vs
1. THE TALUK SURVEYOR, KODUNGALLOR.
... Respondent
2. THE DISTRICT COLLECTOR, THRISSUR, CIVIL
3. THE DEPUTY COLLECTOR, LAND ACQUISITION,
For Petitioner :SRI.T.H.ABDUL AZEEZ
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :01/11/2010
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C) No. 30921 OF 2010
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Dated this the 1st day of November, 2010
J U D G M E N T
The petitioner owned a parcel of land approximately 28 cents
in extent, as per the original of Ext.P1 sale deed dated 21.5.1998.
Later, a substantial portion of the said land was acquired for the
purpose of widening National Highway 17. The petitioner claims
even after acquisition, she was left with a portion of the parcel of
land described in Ext.P1 sale deed. With a view to have the land
surveyed and demarcated, she submitted Ext.P6 application dated
29.7.2009 to the first respondent Taluk Surveyor. Upon receipt of
the same, the Taluk Surveyor sent Ext.P7 letter dated 8.6.2010
calling upon the petitioner to be present at 10 am on 16.6.2010
before him. The grievance voiced by the petitioner is that though
she appeared before the Taluk Surveyor on 16.6.2010, no action
was taken on Ext.P6 representation. In this writ petition, the
petitioner seeks a direction to the respondents to survey and
demarcate the lands belonging to her after a portion thereof was
acquired for the purpose of widening National Highway 17.
2. The learned Government Pleader submits on instructions
that after acquisition the petitioner is in position of only half a cent of
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land and that the remaining land which the petitioner claims to be in
possession of is actually revenue poramboke. In my opinion, as the
first respondent had on receipt of Ext.P6 representation sent Ext.P7
letter asking the petitioner to appear before him for enquiry, the first
respondent ought to have conducted a survey of the lands described
in Ext.P1 sale deed and disposed of the petitioner’s application. In
such circumstances, I dispose of this writ petition with a direction to
the first respondent to cause a survey of the lands described in
Ext.P1 sale deed to be held and decide whether the whole of the said
lands have been acquired for the purpose of widening National
Highway 17. The entire exercise shall be completed within two
months from the date of receipt of a certified copy of this judgment
before the first respondent. The petitioner shall meet the expenses
of the survey. The first respondent shall issue notice to the
neighbouring land owners also before finalising the survey.
P.N.RAVINDRAN,
(JUDGE)
vps
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