IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 26TH JUNE 2009 / 5TH ASHADHA 1931 WP(C).No. 17856 of 2009(B) -------------------------- PETITIONER(S): --------------- T.G.MATHEWS, NEDUVAMPIRATH HOUSE, VINOBA NAGAR, CHILAVANNUR, KADAVANTHRA P.O., KOCHI-20. BY ADV. SRI.P.B.SURESH KUMAR SRI.K.P.SUJESH KUMAR SRI.K.N.SASIDHARAN NAIR SMT.SANDHYA RADHAKRISHNAN SMT.M.SRUTHY SRI.LEO GEORGE RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF LAND REVENUE, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. THE REVENUE DIVISIONAL OFFICER, ADOOR. 4. DISTRICT SURVEY SUPERINTENDENT, PATHANAMTHITTA. 5. THE TAHSILDAR, KOZHENCHERRY. GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 17856 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of June, 2009 J U D G M E N T Petitioner purchased 5 Acres and 45 cents in Vallikode Kottayam village in Court auction. The property was delivered over. He submitted an application for mutation. The application was rejected by the 6th respondent. But on appeal the petitioner's claim was upheld by the 3rd respondent as per Ext.P2. The 3rd respondent directed the 5th respondent to take steps to see that the land covered by the 'delivery kycheet' and included in the thandaper account of the person in whose name the property stood is transferred on registry in favour of the petitioners. Ext. P2 was not implemented and hence the petitioner moved this court vide Writ petition No.2567/09. This court by Ext.P3 judgment directed the 5th respondent to locate and identify the property and effect the transfer of registry thereafter. The property was then identified as evidenced by Ext.P4. But thereafter some persons appeared before the second respondent, challenging the identification of the property. Taking note of this, second respondent directed a complete survey and demarcation of the property held by Sri. E.K. Sivaraman and such demarcation will take in the property WPC.No. 17856 OF 2009 : 2 : covered by Ext.P1 'kaicheet'. In Ext.P5 the Commissioner of Land Revenue further directed the Revenue Divisional Officer to verify the documents and also ascertain actual physical possession of the property before passing a fresh order in the matter of effecting mutation as requested by the petitioner. The writ petition has been filed alleging delay in the implementation of Ext.P5. 2. I heard learned Government Pleader also. Since directions have been issued by the Commissioner with regard to the Survey and demarcation of the property owned by Sri.E.K. Sivaraman, there is no justification for the delay in implementation of Ext.P7. In the result, Writ petition is disposed of directing the 3rd respondent to take further steps pursuant to Ext.P5 and see that the survey and demarcation as directed is completed within three months from the date of receipt of a copy of this judgment. (V.GIRI, JUDGE) jma