Shalby vs Taluk Surveyor on 10 February, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 1422 of 2010(C)


1. SHALBY, S/O.AUGUSTINE,
                      ...  Petitioner
2. ELIZABATH SHINI, W/O.SHALBY,

                        Vs



1. TALUK SURVEYOR, KANAYANNOOR TALUK,
                       ...       Respondent

2. DISTRICT SURVEY SUPERINTENDENT,

3. P.D.JOSEPH, PUTHENVEETTIL HOUSE,

4. JOY, S/O.P.D.JOSEPH,

5. RAJU, S/O.P.D.JOSEPH,

                For Petitioner  :SRI.  K.SIJU

                For Respondent  :SRI.A.BALAGOPALAN

SHRI.K.R.B.KAIMAL (SR.ADVOATE)

 Dated :10/02/2010

 O R D E R
                       SRI. K.R.B. KAIMAL
                      (SENIOR ADVOCATE)

                                 AND

                   SMT. K. SREELATHA DEVI
                   (RETD. DISTRICT JUDGE)

                   WP(C) NO. 1422 OF 2010
                    ----------------------------------

       DATED THIS THE 10TH DAY OF FEBRUARY, 2010

                              O R D E R

Parties and counsel are present. The main prayer in the

writ petition is for a direction to the first respondent Taluk

Surveyor to measure the property of the petitioner involved in

this case. The first respondent is the Taluk Surveyor

Ernakulam. The Government Pleader appears for the said

respondent. It is submitted that there is no objection against

measuring the property by the Taluk Surveyor or by the

Surveyor attached to his office. Respondents 3 to 5, adjacent

land owners, submitted that they have no objection against the

measuring of the property of the petitioners by the Taluk

Surveyor or Surveyor under him provided they are also given

notice about the survey of the property and the measurements

are taken in the presence of the said respondents. Both the

parties will be at liberty to produce the document of title

relating to their properties, before the Surveyor.

WP(C) NO. 1422 OF 2010
2

In view of the urgency of the matter expressed by the

petitioners, the first respondent either himself or by a Surveyor

attached to his office will measure the property in the manner

stated above and submit a report through the Government

Pleader before the next posting date. It is needless to state

that the Surveyor will duly consider the request made by either

parties relating to the extent and measurement of the

properties concerned.

Post on 2.3.2010

Sd/-

SRI. K.R.B. KAIMAL
(SENIOR ADVOCATE)

Sd/-

SMT. K. SREELATHA DEVI
(RETD. DISTRICT JUDGE)

//True copy//

PA to Judge

rkc