IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 10TH JUNE 2011 / 20TH JYAISHTA 1933 WP(C).No. 15625 of 2011(C) -------------------------- PETITIONER: --------------- KARTHIKEYAN, S/O.GOVINDAN, AGED 65 YEARS, RESIDING AT KAVAYYATHU HOUSE, KAITHA SOUTH MURI, KANAMANGALAM VILLAGE, CHETTIKULANGARA.P.O, MAVELIKKARA - 690 106. BY ADV. SRI.RINNY STEPHEN CHAMAPARAMPIL SMT.ASHA ELIZABETH MATHEW RESPONDENTS: --------------- 1. DISTRICT COLLECTOR, COLLECTORATE, ALAPPUZHA. 2. THAHSILDAR, TALUK OFFICE, MAVELIKKARA. BY SR. GOVERNMENT PLEADER ADV. MR. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 15625 OF 2011 ......................................................................... Dated this the 10th June , 2011 J U D G M E N T The petitioner has approached this court with the following prayers: “i) issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to immediately rectify the mistakes crept in the Re-survey records of the Petitioner's property comprised in Field No.725 of Kannamangalam Village by recording the extent of the Petitioner's property comprised in Re-survey No.725/14 as 15 cents and by redrawing the eastern boundary of that property in the Re- survey plan as a straight line without any bent. ii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to conduct an enquiry on Ext. P3 application submitted by the petitioner under Section 13A of the W.P.(C) No. 15625 OF 2011 2 Survey and Boundaries Act, and to measure out the Petitioner's property comprised in Field No.725 of Kannamangalam Village on the basis of Ext. P1 Title Deed and the Old Survey Records and to dispose of Ext. P3 application within a specific time frame to be fixed by this Hon'ble Court. iii) issue such other appropriate writs, orders and directions as this Hon'ble Court may deem just and proper to issue in the circumstances of the case.” 2. The learned Counsel for the petitioner submits that the petitioner would be satisfied if a direction is given to the first respondent to consider Ext. P3 and pass appropriate orders in accordance with law within a reasonable time, after giving an opportunity of hearing to the petitioner. 3. Heard the learned Government Pleader as well, who submits that the first respondent is not the competent authority and that the appropriate authority to consider the grievance of the petitioner is Survey Superintendent, which, however is sought to be rebutted from the part of the petitioner stating that as per the relevant provisions (i.e, Section 13A) of the Survey W.P.(C) No. 15625 OF 2011 3 and Boundaries Act, the first respondent/District collector is the competent authority. 4. However, in view of the limited nature of the relief now pressed before this court, it is not necessary to go into the legal or factual disputes. Accordingly, the writ petition is disposed of, directing the first respondent to consider and finalise Ext. P3 on merits, both on question of law as well as on question of fact, of course, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate within two months from the date of receipt of a copy of the judgment. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the first respondent for further steps. P.R. RAMACHANDRA MENON, JUDGE. lk