Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM FRIDAY, THE 10TH DAY OF NOVEMBER 2023 / 19TH KARTHIKA, 1945 PETITIONER: N.KRISHNAKUMAR AGED 61 YEARS S/O.LATE P.NATARAJAN, KATTUVIDAKARA HOUSE, TC 30/1590, PETTAH P.O., THIRUVANANTHAPURAM, PIN - 695024 BY ADV I.SHEELA DEVI RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM., PIN - 2 DISTRICT COLLECTOR 2ND FLOOR, CIVIL STATION BUILDINGS, CIVIL STATION ROAD, KUDAPPANAKUNNU, THIRUVANANTHAPURAM-695 043., PIN - 695043 3 THE REVENUE DIVISIONAL OFFICER KUDAPPANAKUNNU, THIRUVANANTHAPURAM., PIN - 695043 4 THE EXECUTIVE ENGINEER (BUILDINGS) PUBLIC WORKS DEPARTMENT, PMJ JUNCTION, THIRUVANANTHAPURAM., PIN - 695033 5 THE TAHSILDAR (LARD RECORDS) TALUK OFFICE, NEYYANTTINKARA, THIRUVANANTHAPURAM., PIN - 6 THE VILLAGE OFFICER VILLAGE OFFICE, NEYYANTTINKARA, THIRUVANANTHAPURAM., PIN - 7 THE EXECUTIVE ENGINEER NEYYAR IRRIGATION PROJECT, THIRUVANANTHAPURAM., PIN - 695572
OTHER PRESENT: GP - SYAMANTHAK B.S. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The petitioner has approached this Court challenging Ext.P16, issued by the 3rd respondent, wherein a stand has been taken that if the petitioner has any grievance regarding the fixation of boundaries etc, as per the survey conducted, he shall prefer a revision before the District Collector as provided under Section 13A of the Kerala Survey and Boundaries Act,1961. Similar stand has been taken by the 3 rd respondent in the statement also. Thereupon, the petitioner has preferred Ext.P24 revision before the 2 nd respondent as contemplated in Section 13A of the said Act. The petitioner seeks for a expeditious disposal of the same within a time limit to be fixed by this Court.
2. Heard the learned Government Pleader also.
3. After hearing both sides, I am inclined to dispose of this writ
petition with a direction to the 2 nd respondent to consider and pass orders on Ext.P24 preferred by the petitioner at the earliest, at any rate, within an outer limit of three months after affording an opportunity of being heard to the petitioner or any other affected parties.
4. The petitioner also relies on Ext.P19 report of the Tahsildar in support of his claim. The petitioner is free to submit notes of argument producing all the relevant documents in support of his claim, which shall be duly adverted to by the 2 nd respondent, while taking a final decision in the matter as directed above. Sd/- VIJU ABRAHAM JUDGE rp APPENDIX OF WP(C) 11798/2023 PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE SETTLEMENT REGISTER DATED 27.12.2013
ISSUED BY THE SUPERINTENDENT, CENTRAL ARCHIVES, FORT, THIRUVANANTHAPURAM. Exhibit-P2 TRUE COPY OF THE FAIR LAND REGISTER DATED 08.11.2013 ISSUED BY THE TECHNICAL ASSISTANT, CENTRAL SURVEY OFFICE, VAZHUTHACAUD, THIRUVNANTHAPURAM. Exhibit-P3 TRUE COPY OF THE REPORT OF THE SURVEY DATED 01.11.2017 AND SKETCH ISSUED BY THE 5TH RESPONDENT. Exhibit-P4 TRUE COPY OF THE APPLICATION DATED 01.04.2016 SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT . Exhibit-P5 TRUE COPY OF THE REPLY DATED 01.07.2016 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER. Exhibit-P6 TRUE COPY OF THE OF THE CIRCULAR NO.B1-16891/95 DATED 26.07.1995 ISSUED BY THE BOARD OF REVENUE (SURVEY), THIRUVANANTHAPURAM. Exhibit-P7 TRUE COPY OF THE ORDER NO.G.O.(RT)2790/95/ RD DATED 26.07.1995 ISSUED BY THE 1ST RESPONDENT. Exhibit-P8 TRUE COPY OF THE ORDER NO.G.O.(MS) NO.303/2017/REV. DATED 26.08.2017 ISSUED BY THE 1ST RESPONDENT. Exhibit-P9 TRUE COPY OF CERTIFICATE NO.B2-10043/14 K.DIS DATED 22.12.2014 ISSUED BY THE TAHSILDAR, VARKALA TO THE PETITIONER. Exhibit-P10 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.39120/2018 DATED 06.02.2019 OF THE HON'BLE HIGH COURT OF KERALA, ERNAKULAM. Exhibit-P11 TRUE COPY OF THE REPRESENTATION DATED 28.02.2019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. Exhibit-P12 TRUE COPY OF THE REPRESENTATION DATED 18.03.2019 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT. Exhibit-P13 TRUE COPY OF THE REPRESENTATION DATED 12.06.2019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. Exhibit-P14 TRUE COPY OF THE ORDER NO.K6-16501/17 DATED 05.10.2019 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER. Exhibit-P15 TRUE COPY OF THE JUDGMENT DATED 26.07.2021 IN W.P.(C) NO.31199/2019 OF THE HON'BLE HIGH COURT OF KERALA. Exhibit-P16 TRUE COPY OF THE ORDER NO.RDOTVM/6948/2022/B.1/D.DIS DATED 14.02.2023 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.
Exhibit-P17 TRUE COPY OF THE ORDER CONT.CASE (C) NO.279/2023 DATED
23.02.2023 OF THE HON'BLE HIGH COURT OF KERALA. Exhibit-P18 TRUE COPY OF THE APPEAL DATED 22.02.2023 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. Exhibit-19 TRUE COPY OF THE REPORT NO.K-16501/17 DATED 23.03.2022 SUBMITTED THE 5TH RESPONDENT BEFORE THE 2ND RESPONDENT. Exhibit-P20 TRUE COPY OF THE REPORT ALONG WITH SKETCH DATED 23.01.2023 SUBMITTED BY THE 6TH RESPONDENT TO THE 5TH RESPONDENT. Exhibit P21 TRUE COPY OF THE ORDER G.O.(MS) NO.200/10/REVENUE DATED 31.05.2010 ISSUED BY THE 1ST RESPONDENT Exhibit P22 TRUE COPY OF THE ORDER NO.G.O.(MS) NO.303/ 2017/REVENUE DATED 26.08.2017 ISSUED BY THE 1ST RESPONDENT Exhibit P23 TRUE COPY OF THE APPLICATION DATED NIL SUBMITTED BY THE APPLICANT/PETITIONER UNDER SECTION 13 A OF KERALA SURVEY AND BOUNDARIES ACT BEFORE THE 5TH RESPONDENT. Exhibit P24 TRUE COPY OF THE APPEAL DATED 03.011.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.