IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 WP(C).No. 26323 of 2008(H) -------------------------- PETITIONERS: --------------- 1. MRS.SANTHA NAIR, TSGRA 147,T.C.24/301,THIRUVANANTHAPURAM.NOW RESIDING AT 152, IST CROSS, IST BLOCK, KORAMANGALA BANGALORE-34. 2. SEETHA.V.NAIR 'BHAIRAVI', POOJAPPURA,THIRUVANANTHAPURAM. 3. RADHAKRISHNAN TSGRA 147, TC. 24/301,THIRUVANANTHAPURAM NOW RESIDING AT 152, IST CROSS, IST BLOCK KORAMANGALA, BANGALORE-34. 4. K.C.PADMA KUMARI W/O.LATE RAMACHANDRAN TSGRA 147, TC. 24/301,SHASTAMKOVIL, THIRUVANANTHAPURAM. 5. SMITA RAMACHANDRAN D/O.LATE RAMACHANDRAN,SHASTAMKOVIL, THIRUVANANTHAPURAM. 6. NITA BALAKRISHNAN D/O.LATE RAMACHANDRAN,TSGRA 147, TC.24/301 SHASTAMKOVIL, THIRUVANANTHAPURAM. 7. RAVEENDRANATH, TSGRA 147, TC.24/301 SHASTAMKOVIL, THIRUVANANTHAPURAM. BY ADV. SRI.A.B.JALEEL SRI.T.G.RAJENDRAN RESPONDENTS: --------------- 1. REGISTRAR COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY (CUSAT), KALAMASSERY. 2. THE TALUK SURVEYOR KANAYANNOOR TALUK, ERNAKULAM. WP(C).No. 26323 of 2008(H) 3. DISTRICT COLLECTOR, ERNAKULAM 4. STATE OF KERALA REP.BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM * ADDITIONAL RESPONDENT 5 IMPLEADED ADDITIONAL RESPONDENT NO.5:- COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY (CUSAT), KALAMASSERY, REP. BY ITS REGISTRAR THE ABOVE RESPONDENT IS IMPLEADED AS ADDITIONAL RESPONDENT NO.5 AS PER ORDER DATED 1/6/09 IN I.A.5203/09 ADV. SRI.S.P.ARAVINDAKSHAN PILLAI,SC,COCHI U FOR R1 GOVERNMENT PLEADER FOR R2,3&4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 26323 of 2008(H) APPENDIX PETITIONERS' EXHIBITS:- EXHIBIT P1 : Title deed No.1334 of 1121 M.E(1945) EXHIBIT P2 : Tax receipt dated 01.8.1121 M.E. issued by the Village Officer, Thrikkakara North Village. EXHIBIT P3 : Tax receipt dtd.05.6.1122 M.E. issued by the Village Officer, Thrikkakara North Village. EXHIBIT P4 : Sale Deed No.3639/2007 dtd.15/5/2007 of Sub Registry, Edappally. EXHIBIT P5 : Partition Deed No.3643/07 of Edappally S.R.O. dtd.19/5/07. EXHIBIT P6 : Sale Deed No.3711/07 of Edappally SRO. dtd.19/5/07. EXHIBIT P7 series : Land tax receipts issued by the Thrikkakara North Village in favour of petitioners 1 to 3, Mr.Ramachandran the husband of 4th petitioner and father of petitioners 5 & 6 and of the 7th petitioner (5 Nos) EXHIBIT P8: Possession Certificates (5 Nos) dtd.23/6/08 EXHIBIT P9: Reply dtd.19/5/2008 EXHIBIT P10: Sketch prepared by the Superintendent of Survey and Land Records, Collectorate, Ernakulam in relation to Survey No.628. EXHIBIT P11: Notice issued by the 2nd respondent to the 7th petitioner and to the 1st respondent dtd.14/5/2008. EXHIBIT P12: Building Permit No.BA 274/08 dtd.17/6/2008 issued by Municipal Council, Kalamassery RESPONDENTS' EXHIBITS: Nil T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.26323 of 2008 ------------------------------------------------ Dated this the 27th day of January, 2010 JUDGMENT The petitioner has filed this writ petition for the grant of the following reliefs:- i) issue a writ of mandamus or other appropriate writ, order or direction directing the 2nd respondent to issue the sketch of the petitioners' property in Re- Survey No.628/1 of the Thrikkakara North Village immediately; ii) declare that if the 1st respondent has any grievance in constructing the petitioners' compound wall it can very well approach the appropriate Civil Court other than restoring the police force solely to harass the petitioners; iii) Any other relief that this Hon'ble Court may deem fit. 2. Petitioners 1 to 3 are children of late Velayudhan Nair. It is claimed that late Velayudhan Nair was in possession, ownership and enjoyment of 113 cents of property in Old Sy.No.743/1 E of Thrikkakara North Village. It is lying in Re- Survey No.628/1 in Block 5 in Kanayannoor Taluk, Thrikkakara North Village. 61.5 cents out of these was acquired in 1962, W.P.(C)No.26323 of 2008 2 which was handed over to the 1st respondent. The remaining 51.5 cents were in his possession. There is a dispute regarding boundaries with the 1st respondent. After the re-survey was completed it appears that they approached respondents for conducting a survey so as to fix the boundary. 3. The first respondent University has filed a counter affidavit in the matter. It is pointed out in paragraph 7 that 61.5 cents of land out of 113 cents of land comprised in Sy.No.743/1 E of Thrikkakara North Village was acquired by the Kerala University and was handed over to the Cochin University of Science and Technology as per award Statement No.902/62 dated 16/7/1962. The boundaries of the said piece of land have not so far been demarcated. The University was carrying on correspondence with the Taluk Surveyor for this. The contention raised by the University is that before the preparation of the records as per Ext.R1(a) order passed by the Government the petitioner cannot be issued the sketch of the property in R.S.No.628/1 of Thrikkakara North Village. In the counter affidavit filed by the second respondent it is averred in paragraph 3 that the survey was not completed in respect of the property in R.S.No.628/1. W.P.(C)No.26323 of 2008 3 4. The learned counsel for the petitioner submitted that now the survey is completed and therefore the second respondent may be directed to issue a sketch which has been prepared based on the said survey. 5. Therefore, if the survey has already been completed the petitioner will be issued a copy of the survey sketch on submitting an application and on usual terms by the second respondent within a period of three weeks from the date of receipt of application. The writ petition is accordingly disposed of. T.R.RAMACHANDRAN NAIR, JUDGE skj