Kerala High Court
Mary Stanley John vs State Of Kerala on 23 August, 2023
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
WP(C) NO. 27805 OF 2023
PETITIONER:
MARY STANLEY JOHN
AGED 81 YEARS, W/O LATE CAPT. CHITTEZHATH STANLEY JOHN,
CHITTEZHATH, FERRY ROAD, NEAR VARAPPUZHA BRIDGE,
CHERANALLOOR, KOCHI, PIN - 682 034.
BY ADV SUSANTH SHAJI
RESPONDENTS:
1 STATE OF KERALA
REP. BY SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
2 THE TAHSILDAR (LR),
TALUK OFFICE, KANAYANNUR TALUK, PARK AVE,
NEAR SUBHASH PARK, MARINE DRIVE, KOCHI, PIN - 682 011.
3 THE TALUK SURVEYOR,
TALUK OFFICE, KANAYANNUR TALUK, PARK AVE,
NEAR SUBHASH PARK, MARINE DRIVE, KOCHI, PIN - 682 011.
4 THE VILLAGE OFFICER,
CHERANELLOOR VILLAGE, CHITTOOR ROAD, SOUTH CHITTOOR,
ERNAKULAM, PIN - 682 027.
BY ADV. SMT. PREETHA K K (SR GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.08.2023, ALONG WITH WP(C).27862/2023, 27929/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.27805 of 2023 & conn.cases 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
WP(C) NO. 27862 OF 2023
PETITIONER:
MARY STANLEY JOHN, AGED 81 YEARS,
W/O LATE CAPT. CHITTEZHATH STANLEY JOHN,
CHITTEZHATH, FERRY ROAD, NEAR VARAPPUZHA BRIDGE,
CHERANALLOOR, KOCHI, PIN - 682 034.
BY ADV SUSANTH SHAJI
RESPONDENTS:
1 STATE OF KERALA
REP. BY SECRETARY, DEPARTMENT OF REVENUE,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
2 THE TAHSILDAR (LR),
TALUK OFFICE, KANAYANNUR TALUK, PARK AVE,
NEAR SUBHASH PARK, MARINE DRIVE,
KOCHI, PIN - 682 011.
3 THE TALUK SURVEYOR,
TALUK OFFICE, KANAYANNUR TALUK, PARK AVE,
NEAR SUBHASH PARK, MARINE DRIVE,
KOCHI, PIN - 682 011.
4 THE VILLAGE OFFICER,
CHERANELLOOR VILLAGE, CHITTOOR ROAD, SOUTH CHITTOOR,
ERNAKULAM, PIN - 682 027.
BY ADV. SMT. DEEPA V (GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.08.2023, ALONG WITH WP(C).27805/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.27805 of 2023 & conn.cases 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
WP(C) NO. 27929 OF 2023
PETITIONER:
TERESA VARMAN
AGED 54 YEARS, W/O JEROME VINCENT VARMAN,
33 201, HERITAGE CITY, DLF PHASE-2, GURGAON,
HARYANA, PIN-122 002,
REPRESENTED BY HER MOTHER AND POWER OF ATTORNEY
HOLDER, MARY STANLEY JOHN, AGED 81 YEARS,
W/O LATE CAPT. CHITTEZHATH STANLEY JOHN,
CHITTEZHATH, FERRY ROAD, NEAR VARAPPUZHA BRIDGE,
CHERANALLOOR, KOCHI, PIN - 682 034.
BY ADV SUSANTH SHAJI
RESPONDENTS:
1 STATE OF KERALA
REP. BY SECRETARY, DEPARTMENT OF REVENUE,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
2 THE TAHSILDAR (LR),
TALUK OFFICE, KANAYANNUR TALUK, PARK AVE,
NEAR SUBHASH PARK, MARINE DRIVE, KOCHI,
PIN - 682 011.
3 THE TALUK SURVEYOR
TALUK OFFICE, KANAYANNUR TALUK, PARK AVE,
NEAR SUBHASH PARK, MARINE DRIVE, KOCHI-682 011.
4 THE VILLAGE OFFICER
CHERANELLOOR VILLAGE, CHITTOOR ROAD, SOUTH CHITTOOR,
ERNAKULAM, PIN - 682 027/
BY ADV. SMT. PREETHA K K (SR GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.08.2023, ALONG WITH WP(C).27805/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.27805 of 2023 & conn.cases 4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
WP(C) NO. 27934 OF 2023
PETITIONER:
MARY STANLEY JOHN,
AGED 81 YEARS,
W/O LATE CAPT. CHITTEZHATH STANLEY JOHN,
CHITTEZHATH, FERRY ROAD, NEAR VARAPPUZHA BRIDGE,
CHERANALLOOR, KOCHI, PIN - 682 034.
BY ADV SUSANTH SHAJI
RESPONDENTS:
1 STATE OF KERALA
REP. BY SECRETARY, DEPARTMENT OF REVENUE,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
2 THE TAHSILDAR (LR),
TALUK OFFICE, KANAYANNUR TALUK, PARK AVE,
NEAR SUBHASH PARK, MARINE DRIVE,
KOCHI, PIN - 682 011.
3 THE TALUK SURVEYOR,
TALUK OFFICE, KANAYANNUR TALUK, PARK AVE,
NEAR SUBHASH PARK, MARINE DRIVE,
KOCHI, PIN - 682 011.
4 THE VILLAGE OFFICER,
CHERANELLOOR VILLAGE, CHITTOOR ROAD, SOUTH CHITTOOR,
ERNAKULAM,, PIN - 682 027.
BY ADV. SMT. DEEPA V (GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.08.2023, ALONG WITH WP(C).27805/2023 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.27805 of 2023 & conn.cases 5
JUDGMENT
[W.P(C)Nos.27805, 27862, 27929 & 27934 of 2023] These writ petitions have been filed by the petitioners seeking expeditious consideration of applications filed by them in Form-10 of the Survey and Boundaries Rules, for the fixation of boundaries in respect of their registered holdings.
2. The learned counsel for the petitioners in these cases would submit that the petitioners are only seeking a direction to the Tahsildar (LR), Kanayannur Taluk to take suitable action on the Form-10 applications filed by them within a time frame to be fixed by this Court.
3. The learned Senior Government Pleader submits that there is no objection in a direction being issued to the Tahsildar (LR), Kanayannur Taluk to take suitable action in accordance with the law, on the Form-10 applications filed by the petitioners in these cases.
4. Accordingly these writ petitions will stand disposed of directing that the Tahsildar (LR), Kanayannur Taluk, Ernakulam shall take suitable action, in accordance with the law, on the applications marked as Ext.P4 in W.P(C)No. 27805/2023, Ext.P3 in W.P.(C)No.27805 of 2023 & conn.cases 6 W.P.(C)No.27934/2023, Ext.P4 in W.P.(C)No.27929/2023 and Ext.P5 in W.P.(C)No.27862/2023, within a period of four months from the date of receipt of a certified copy of this judgment.
Writ petitions are disposed of as above.
Sd/-
GOPINATH P. JUDGE ats W.P.(C)No.27805 of 2023 & conn.cases 7 APPENDIX OF WP(C) 27862/2023 PETITIONER'S EXHIBITS Exhibit P1 TRUE PHOTOSTAT COPY OF THE SALE DEED NO.109/1991 OF SRO, ERNAKULAM DATED 09.01.1991 Exhibit P2 TRUE PHOTOSTAT COPY OF THE SALE DEED NO.107/1991 OF SRO, ERNAKULAM DATED 09.01.1991 Exhibit P3 TRUE PHOTOSTAT COPY OF THE PROCEEDINGS OF THE COMPETENT AUTHORITY AND SPECIAL DEPUTY COLLECTOR (LA) NH-66, ERNAKULAM, NORTH PARAVUR DATED 09.03.2023 Exhibit P4 TRUE PHOTOSTAT COPY OF THE BASIC TAX RECEIPT DATED 18.05.2023 ISSUED BY THE 4TH RESPONDENT Exhibit P5 TRUE PHOTOSTAT COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER UNDER RULE 43 OF THE KERALA SURVEY AND BOUNDARIES RULES, 1964 DATED 08.08.2023 Exhibit P6 TRUE PHOTOSTAT COPY OF THE POSTAL TRACK CONSIGNMENT RECORD DATED 09.08.2023 W.P.(C)No.27805 of 2023 & conn.cases 8 APPENDIX OF WP(C) 27929/2023 PETITIONER'S EXHIBITS Exhibit P1 TRUE PHOTOSTAT COPY OF THE SALE DEED NO.108/1991 OF SRO, ERNAKULAM DATED 09.01.1991 Exhibit P2 TRUE PHOTOSTAT COPY OF THE PROCEEDINGS OF THE COMPETENT AUTHORITY AND SPECIAL DEPUTY COLLECTOR (LA) NH-66, ERNAKULAM, NORTH PARAVUR DATED 01.02.2022 Exhibit P3 TRUE PHOTOSTAT COPY OF THE BASIC TAX RECEIPT DATED 18.05.2023 ISSUED BY THE 4TH RESPONDENT Exhibit P4 TRUE PHOTOSTAT COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER UNDER RULE 43 OF THE KERALA SURVEY AND BOUNDARIES RULES, 1964 DATED 08.08.2023 Exhibit P5 TRUE PHOTOSTAT COPY OF THE POSTAL TRACK CONSIGNMENT RECORD DATED 09.08.2023 W.P.(C)No.27805 of 2023 & conn.cases 9 APPENDIX OF WP(C) 27934/2023 PETITIONER'S EXHIBITS Exhibit P1 TRUE PHOTOSTAT COPY OF THE SALE DEED NO.84/1991 OF SRO, ERNAKULAM DATED 09.01.1991 Exhibit P2 TRUE PHOTOSTAT COPY OF THE BASIC TAX RECEIPT DATED 18.05.2023 ISSUED BY THE 4TH RESPONDENT Exhibit P3 TRUE PHOTOSTAT COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER UNDER RULE 43 OF THE KERALA SURVEY AND BOUNDARIES RULES, 1964 DATED 08.08.2023 Exhibit P4 TRUE PHOTOSTAT COPY OF THE POSTAL TRACK CONSIGNMENT RECORD DATED 09.08.2023 W.P.(C)No.27805 of 2023 & conn.cases 10 APPENDIX OF WP(C) 27805/2023 PETITIONER'S EXHIBITS Exhibit P1 TRUE PHOTOSTAT COPY OF THE SALE DEED NO.108/1991 OF SRO, ERNAKULAM DATED 09.01.1991 Exhibit P2 TRUE PHOTOSTAT COPY OF THE PROCEEDINGS OF THE COMPETENT AUTHORITY AND SPECIAL DEPUTY COLLECTOR (LA) NH-66, ERNAKULAM, NORTH PARAVUR DATED 01.02.2022 Exhibit P3 TRUE PHOTOSTAT COPY OF THE BASIC TAX RECEIPT DATED 18.05.2023 ISSUED BY THE 4TH RESPONDENT Exhibit P4 TRUE PHOTOSTAT COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER UNDER RULE 43 OF THE KERALA SURVEY AND BOUNDARIES RULES, 1964 DATED 07.08.2023 Exhibit P5 TRUE PHOTOSTAT COPY OF THE POSTAL TRACK CONSIGNMENT RECORD DATED 09.08.2023