IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 WP(C).No. 18624 of 2008(P) -------------------------- PETITIONER: --------------- NEELANKOL MUKUNDAN, AGED 58 YEARS, S/O. CHIRUKANDAN, MANUKKORA, PATTUVAM P.O., TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.U.BALAGANGADHARAN SRI.G.GIREESH RESPONDENTS: ------------------ 1. THE TAHSILDAR, TALIPARAMBA TALUK OFFICE, TALIPARAMBA. 2. THE SUPERINTENDENT, SURVEY AND LAND RECORDS, KANNUR DISTRICT, COLLECTORATE, KANNUR-2. BY GOVERNMENT PLEADER SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.18624 OF 2008 ---------------------------------------- Dated this the 20th day of June, 2008 JUDGMENT The petitioner claims to be the owner in possession of 15.5 cents of land. At the instance of one Sri. Balakrishnan, the 1st respondent fixed the boundaries of the properties belonging to the petitioner and the said Balakrishnanan. By Ext.P3, the petitioner was directed to file his objections, if any, to such fixation of boundaries within three months from the date of receipt of the same, to the Superintendent of Survey and Land Records. The petitioner submits that although he filed Ext.P4 objections on 19.6.07, nothing further has been done pursuant to the same. Therefore, the petitioner seeks the following reliefs: “1. Issue Writ in nature of mandamus commanding the 2 nd respondent to consider the objections of the petitioned at Ext.P4 expeditiously as possible and pass orders at any rate within 4 weeks. 2. Declare that the petitioner is entitled to get his objections at Ext.P4 considered by the 2 nd respondent and pass orders within reasonable time. W.P.(c)No.18624/08 2 2. The learned Government Pleader points out that as per Ext.P3, he was supposed to file the objections to the Superintendent of Survey and Land Records, Taliparamba and instead the petitioner has filed Ext.P4 before the District Survey Superintendent, Kannur and that must have been why the petitioner’s objection could not be considered. After hearing both sides, I feel that since the petitioner has filed Ext.P4 although to a wrong authority, his objections can be directed to be considered, if he files a proper application before the Survey and Land Records Superintendent, Taliparamba. This is the petitioner shall do within two weeks from today. On receipt of the same, the Superintendent of Survey and Land Records, Taliparamba shall pass appropriate orders thereon after affording an opportunity of being heard to the petitioner as well as the said Sri. Balakrishanan referred to in Ext.P3 or any other persons who may be affected by any orders to be passed pursuant thereto as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.18624/08 3