IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 1ST NOVEMBER 2010 / 10TH KARTHIKA 1932 WP(C).No. 30921 of 2010(M) -------------------------- PETITIONER: --------------- RANI JOEMON, AGED 42 YEARS, W/O. JOEMON, 39/896, CHEMBISSERY HOUSE, CHITTOOR ROAD, ERNAKULAM. BY ADV. SRI.T.H.ABDUL AZEEZ SRI.A.MOHAMED BASHEER (MANGALAPURAM) RESPONDENTS: --------------- 1. THE TALUK SURVEYOR, KODUNGALLOR, 680664. 2. THE DISTRICT COLLECTOR, THRISSUR, CIVIL STATION, THRISSUR, 680001. 3. THE DEPUTY COLLECTOR, LAND ACQUISITION, IN-CHARGE, KODUNGALLOOR, 680664. BY GOVT. PLEADER SMT. K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 30921 OF 2010 -------------------------- Dated this the 1st day of November, 2010 J U D G M E N T The petitioner owned a parcel of land approximately 28 cents in extent, as per the original of Ext.P1 sale deed dated 21.5.1998. Later, a substantial portion of the said land was acquired for the purpose of widening National Highway 17. The petitioner claims even after acquisition, she was left with a portion of the parcel of land described in Ext.P1 sale deed. With a view to have the land surveyed and demarcated, she submitted Ext.P6 application dated 29.7.2009 to the first respondent Taluk Surveyor. Upon receipt of the same, the Taluk Surveyor sent Ext.P7 letter dated 8.6.2010 calling upon the petitioner to be present at 10 am on 16.6.2010 before him. The grievance voiced by the petitioner is that though she appeared before the Taluk Surveyor on 16.6.2010, no action was taken on Ext.P6 representation. In this writ petition, the petitioner seeks a direction to the respondents to survey and demarcate the lands belonging to her after a portion thereof was acquired for the purpose of widening National Highway 17. 2. The learned Government Pleader submits on instructions that after acquisition the petitioner is in position of only half a cent of WPC No.30921/2010 2 land and that the remaining land which the petitioner claims to be in possession of is actually revenue poramboke. In my opinion, as the first respondent had on receipt of Ext.P6 representation sent Ext.P7 letter asking the petitioner to appear before him for enquiry, the first respondent ought to have conducted a survey of the lands described in Ext.P1 sale deed and disposed of the petitioner's application. In such circumstances, I dispose of this writ petition with a direction to the first respondent to cause a survey of the lands described in Ext.P1 sale deed to be held and decide whether the whole of the said lands have been acquired for the purpose of widening National Highway 17. The entire exercise shall be completed within two months from the date of receipt of a certified copy of this judgment before the first respondent. The petitioner shall meet the expenses of the survey. The first respondent shall issue notice to the neighbouring land owners also before finalising the survey. P.N.RAVINDRAN, (JUDGE) vps WPC No.30921/2010 3 WPC No.30921/2010 4