Kerala High Court
Eldho Cyriac vs State Of Kerala on 22 March, 2024
WP(C) No.7242/2022 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
Friday, the 22nd day of March 2024 / 2nd Chaithra, 1946
IA.NO.2/2023 IN WP(C) NO. 7242 OF 2022(E)
PETITIONER:
ELDHO CYRIAC, AGED 46 YEARS, SON OF CYRIAC, PALAKKADAN HOUSE,
KEERAMPARA, NELLIKUZHY P.O., KOTHAMANGALAM PIN - 686691, REPRESENTED
BY HIS SISTER AND POWER OF ATTORNEY HOLDER BINDHU CYRIAC, AGED 50
YEARS, WIFE OF BENNY PAUL, KEERIKKATTIL, NELLIKUZHY P.O. PIN -
686691
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, PWD DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM PIN - 695001
2. STATE OF KERALA, REPRESENTED BY SECRETARY, REVENUE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM PIN - 695001
3. DISTRICT COLLECTOR, CIVIL STATION, COLLECTORATE, KAKKANAD, COCHIN
PIN - 682030
4. EXECUTIVE ENGINEER, PWD ROAD DIVISION, MUVATTUPUZHA, THOTTUNKAL
PEEDIKA PIN - 686661
5. THE ASSISTANT EXECUTIVE ENGINEER, PWD ROAD SUB DIVISION,
KOTHAMANGALAM PIN - 686691
6. THE TAHSILDAR, KOTHAMANGALAM, 4TH FLOOR, REVENUE TOWER, SH 16,
KOTHAMANGALAM PIN - 686666
7. ADDL. R7. DISTRICT SUPERIENTENDENT OF SURVEY, KAKKANAD, 6TH FLOOR,
CIVIL STATION, KAKKANAD PIN - 682030 *ADDL. R7 IS IMPLEADED AS PER
ORDER DATED 19.12.2023 IN IA-1/2023 IN WP(C) NO. 7242/2022.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to appoint an advocate
commissioner and direct him to fix the boundaries on both sides of
Kothamangalam - Perumbamkuthu road running through the northern boundary
of the petitioner's property having 1 hector and 4.1 ares in Sy.No.
382/2A, 382/2B and 382/1/2 in Keerampara Village, Kothamangalam Taluk upto
Punnekkad junction having approximately 750 meters and also fix the
boundary of Punnekkad-Palamattom road from the Punnekkad Junction towards
east (500 meters) sharing the boundary of 1 acre 5 cents (43.73 ares) of
property in Sy.No. 611/1A-134/46 owned by K.V.Das, 5.10 ares of property
in Sy.No. 611/1A/130-45, owned by Wilson George and 7.98 ares of property
in Sy.No. 611/1A/130/45 owned by Shaiju Joseph, of Keerampara Village,
with the help of District Survey Superintendent on the basis of Ext-P11,
12 and 13 i.e. FMB, litho plan and the plan prepared by the private
surveyor with the assistance of the District Survey Superintendent,
Kakkanad.
WP(C) No.7242/2022 2/5
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this court's order dated
05.02.2024 in WP(C) and upon hearing the arguments of PEEYUS A.KOTTAM,
JOMON J. MALIEKAL, JOSEPH P.P, MARIYA P KOTTAM, AJMAL AHMED R. & ARJUN S
BENEDICT Advocates for the petitioner, GOVERNMENT PLEADER for the
respondents and of ADV. AAMIR SOHRAB M.M for ADVOCATE COMMISSIONER, the
court passed the following:
WP(C) No.7242/2022 3/5
VIJU ABRAHAM , J.
===========================
I.A. Nos. 1, 2 & 3 of 2023
in
WP(C) No.7242 of 2022
============================
Dated this the 22nd day of March, 2024
ORDER
I.A. No.1/2023
This is a petition seeking to implead "District Superintendent of Survey, Kakkanad, 6th Floor, Civil Station, Kakkanad-682030" as additional 7th respondent in the writ petition.
Heard. Allowed.
The additional 7th respondent in the I.A. is impleaded as additional 7th respondent in the writ petition.
I.A. No. 3/2023
This is a petition seeking to accept additional documents as Exts.P9 to P14 in file.
Heard. Allowed.
Additional documents accepted to file as Exts.P9 to P14. I.A. No.2/2023 This is an application seeking to appoint an Advocate Commissioner to oversee the survey to be conducted by the additional 7th respondent District Survey Superintendent.
A memo has been filed by the learned Government Pleader on 19.01.2024 producing the sketch and report dated 03.01.2023, wherein it is reported that a survey by the District Survey Superintendent is necessary in the facts and circumstances of the present case, and this WP(C) No.7242/2022 4/5 I.A. Nos. 1, 2 & 3 of 2023 in WP(C) No.7242 of 2022 : 2:
Court as per Ext.P9 order dated 29.07.2022 directed the survey authority to survey the property and affix the boundaries wherein it is agreed that the property could also be measured with the help of FMB and Litho plan.
Therefore, the additional 7th respondent shall conduct a survey as directed in the order dated 29.07.2022. The survey shall be conducted with notice to the petitioner and any other affected parties. While conducting the survey the additional 7th respondent shall also look into the request made by the petitioner in the commission application (I.A. No. 2/2023) and the direction in the order dated 29.07.2022, and copy of the order dated 29.07.2022 and a copy of the commission application shall be made available to the additional 7 th respondent by the petitioner. The request of the petitioner is that the said survey may be overseen by an Advocate Commisioner. Adv. Aamir Sohrab M.M. (R/1256/2019) is appointed as Advocate Commisioner to oversee the survey conducted by the additional 7 th respondent and file a report before this Court. The survey shall be conducted within three weeks with notice to parties etc. Rs. 50,000/- is fixed as Commisioner's Batta.
Post on 22.05.2024.
Sd/-
VIJU ABRAHAM JUDGE sbk/-
22-03-2024 /True Copy/ Assistant Registrar WP(C) No.7242/2022 5/5 APPENDIX OF WP(C) 7242/2022 Exhibit P9 THE TRUE COPY OF THE ORDER OF THIS HON'BLE COURT DATED 29.07.2022 IN THIS WRIT PETITION Exhibit P11 THE TRUE COPY OF FMB PERTAINING TO PUNNEKAD JUNCTION AND PUNNEKAD-PALAMATTOM ROAD SHOWING DETAILED MEASUREMENT Exhibit P12 THE TRUE COPY OF THE LITHO PLAN SHOWING THE DETAILED MEASUREMENT OF PUNNEKAD JUNCTION AND PUNNEKAD-
PALAMATTOM ROAD Exhibit P13 THE TRUE COPY OF THE PLAN PREPARED BY LICENSED SURVEYOR M.V.YELDO ON THE BASIS OF LITHO PLAN AND FMB, IN THE PRESENCE OF THE EXECUTIVE ENGINEER, PWD 22-03-2024 /True Copy/ Assistant Registrar