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.
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W.P.(C).No.1144 of 2008
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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
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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
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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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