IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 3RD JUNE 2011 / 13TH JYAISHTA 1933 WP(C).No. 10750 of 2010(P) -------------------------- PETITIONER(S): --------------- V.I.KURIACHAN, VADAKKAN HOUSE, KUMARAPURAM P.O., ERNAKULAM DISTRICT. BY ADV. SRI.M.K.DAMODARAN, SENIOR ADVOCATE SRI.P.K.VIJAYAMOHANAN SRI.GILBERT GEORGE CORREYA SMT.DHANYA P.ASHOKAN SRI.N.N.ARUN BECHU SRI.ALAN PAPALI SRI.NISHIL.P.S. RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, KOLLAM, CIVIL STATION, KOLLAM. 2. THE TAHSILDAR, PATHANAPURAM TALUK, PUNALUR P.O., KOLLAM DISTRICT. ADV. SRI.P.CHANDRASEKHAR FOR R3-R4 GOVERNMENT PLEADER SRI.T.K.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/06/2011, ALONG WITH WPC NO. 10761 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 10750 of 2010 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE LEASE AGREEMENT DATED 9.3.99 WITH THE GOVERNMENT AND THE PETITIONER EXT.P2- TRUE COPY OF THE ORDER NO.B6.12479/07 DATED 17.11.2007 OF THE 2ND RESPONDENT TAHSILDAR EXT.P3- TRUE COPY OF THE ORDER NO.L1-59802/07 DATED 20.10.08 OF THE 1ST RESPONDENT DISTRICT COLLECTOR EXT.P4- TRUE COPY OF THE ORDER NO.D24848/03 DATED 7.8.03 OF THE 2ND RESPONDENT TAHSILDAR EXT.P5- TRUE COPY OF THE NOTICE NO.D2-4848/03 DATED 20.8.03 ISSUED BY THE ADDITIONAL TAHSILDAR EXT.P6- TRUE COPY OF THE APPLICATION DATED 27.1.10 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT (TRUE COPY) P.A TO JUDGE P.R.RAMACHANDRA MENON, J ....................................................... W.P.(C)s.10750 & 10761/2010 .............................................. Dated this the 3rd day of June, 2011 JUDGMENT The petitioner in W.P.(C).10750/2010 has approached this Court mainly with the grievance that, in spite of Ext.P3 order passed by the District Collector, resurvey is still to be completed; thus praying for a direction to be given to the second respondent to conduct the survey, measurement, demarcation and fixation of boundary of the Government land leased out to the petitioner under Ext.P1 lease deed, as sought for vide Ext.P6. 2. In W.P.(C).10761/2010 filed by the petitioner along with his wife, who are the joint owners of the property concerned, seek for a direction to be given to the concerned respondents to accept the basic tax in respect of the property over which the petitioners have ownership, possession and title and to issue possession certificate as sought for vide Exts.P4, P6 and P8. 3. The learned counsel appearing for the additional respondents who got impleaded as per order dated 31.5.2010 in I.A.6550/2010 submits that the property of the said respondents W.P.(C).10750 & 10761/2011 2 was situated nearby the properties which have been leased out to the petitioners and that the writ petitioners are pursuing high handed activities in the said property including quarrying operations without any regard to the rule or law and without the requisite licence. 4. The learned Government Pleader appearing for the concerned respondents, particularly the State, submits with reference to the counter affidavit filed in W.P.(C).10761/2010 that the reason for not accepting basic tax in respect of the property and the delay in issuance of the possession certificate is because of the non completion of the ongoing survey proceedings. It is stated in the penultimate paragraph of the counter affidavit as follows:- “Number of petitions received against the mining, the Deputy Collector (Vig), South Zone, Thiruvananthapuram conducted a detailed enquiry and submitted a report as RVC/KL 02-08 dated 30.6.2009 before the land Revenue Commission. In the said report, all the Survey procedure conducted in the land has come ambiguity, so a total station survey W.P.(C).10750 & 10761/2011 3 with the help of surveyors those who are not working in Pathanapuram Taluk. The land was in dispute and the survey procedures are not done till this time, the possession certificate is not issued to the petitioner.” The learned Government Pleader also submits that earnest efforts are being made to complete the survey and once the same is finalized, the prayer of the petitioners as sought for in W.P.(C). 10761/2010 will be considered. 5. In the above circumstances, this Court finds that the first prayer sought for by the petitioner in W.P.(C).10750/2010 can be allowed and that there can be no dispute for any of the parties in this regard, which in turn will solve the situation once and for all. 6. Accordingly, the second respondent in W.P.(C).10750/2010 is directed to conduct and complete the survey, measurement, demarcation and fixation of the boundaries in the Government land leased out to the petitioner under Ext.P1 lease deed, as already ordered by the concerned authorities, as expeditiously as possible, at any rate, within 'three months' from the date of W.P.(C).10750 & 10761/2011 4 receipt of a copy of this judgment. On completion of the proceedings as above, the request made by the petitioners in W.P. (C).10761/2010 for remitting the basic tax and also for issuance of the possession certificate shall be considered and finalized within 'one month' thereafter. Writ petitions are disposed of as above. P.R.RAMACHANDRA MENON, Judge mrcs