IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 19TH SEPTEMBER 2011 / 28TH BHADRA 1933 WP(C).No. 22062 of 2011(G) -------------------------- PETITIONER(S): ---------------------- BINU.P.N,AGED 31 YEARS,S/O.RAJU.P.N, PUTHENPURAYIL HOUSE,BEENACHI.P.O, SULTHAN BATHERY,WAYANAD DISTRICT. BY ADV. SRI.M.SASINDRAN RESPONDENT(S): ----------------------- 1. STATE OF KERALA,REPRESENTED BY ADDITIONAL CHIEF SECRETARY, TO THE GOVERNMENT, DEPARTMENT OF REVENUE,SECRETARIAT, THIRUVANANTHAPURAM-695011. 2. THE DIRECTOR, SURVEY AND LAND RECORDS, THIRUVANANTHAPURAM-695001. 3. THE DISTRICT COLLECTOR,WAYANAD-673121. 4. THE VILLAGE OFFICER,CHEERAL-673595, WAYANAD. SR.GOVT.PLEADER SMT.M.J.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.22062/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE SALE DEED NO.2729 DT 3.6.2009 OF SULTHAN BATHERY SRO. EXT.P2: TRUE COPY OF THE BASIC LAND TAX RECEIPT ISSUED BY THE VILLAGE OFFICER CHEERAL DATED 24.6.2009. EXT.P3: TRUE COPY OF THE NOTIFICATION NO.C2-19/2009 DT 21.11.2009 IN THE OFFICIAL GAZETTE. EXT.P4: TRUE COPY OF THE RELEVANT PAGES OF THE BASIC LAND TAX REGISTER. EXT.P4(a): TRUE COPY OF THE THANDAPER REGISTER. EXT.P5: TRUE COPY OF THE BASIC TAX RECEIPT ISSUED TO THE PETITIOENR DT 20.8.2010. EXT.P6: TRUE COPY OF THE SALE DEED NO.5697/2010 DT 6.9.10 REGISTERED AT SULTHAN BATHERY SRO. EXT.P7: TRUE COPY OF THE ORDER DATED 28.12.2010 AS ORDER NO.5619/2010/REV. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 22062 OF 2011 ===================== Dated this the 19th day of September, 2011 J U D G M E N T The challenge in the writ petition is against Ext.P7 GO(Rt) No.5619/10/Revenue dated 28/12/2010 cancelling Ext.P3 notification issued under the provisions of the Survey and Boundaries Act assigning survey in Cheeral Village of Wynad District. A reading of Ext.P7 shows that it was on account of the finding that there was wide spread irregularities in the survey conducted, Survey Vigilance Department had conducted an enquiry in which the irregularities were confirmed and accepting the said findings, Ext.P7 order was issued. The contention raised by the petitioner is that under the Survey and Boundaries Act, there is no statutory provision enabling the Government to issue an order in the nature of Ext.P7. However, I am unable to accept the contention. 2. First of all, Ext.P7 Government Order itself shows that it was because of the wide spread irregularities which was confirmed in an enquiry that the Government issued Ext.P7 in public interest. Secondly, even under the provisions of Section 21 WPC No. 22062/11 :2 : of the Interpretation and General Clauses Act, the Government who is entitled to issue notification is also having the power to cancel such notification. Therefore, I am of the considered opinion that Ext.P7 does not call for interference in a writ petition filed before this Court. Writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp