IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 WP(C).No. 35834 of 2008(N) -------------------------- PETITIONER(S): --------------- V.R.SASIKUMAR, VALLATH HOUSE, THALIKULAM P.O., THRISSUR - 680569. BY ADV. SMT.K.A.ANGEL TREENA SMT.ARLISS TRENCY ANTONY RESPONDENT(S): --------------- 1. THALIKULAM GRAMA PANCHAYATH, THALIKULAM P.O., THRISSUR - 680 569. REP. BY ITS SECRETARY. 2. THE SECRETARY (SPECIAL GRADE) THALIKULAM GRAMA PANCHAYATH THALIKULAM P.O., THRISSUR - 680569. 3. THE VILLAGE OFFICER, THALIKULAM, THRISSUR - 680 569. 4. THE TAHSILDAR, CHAVAKKAD, THRISSUR - 680 506. 5. THE DISTRICT COLLECTOR, CIVIL STATION, AYYANTHOLE, THRISSUR - 680003. GOVERNMENT PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J - - - - - - - - - - - - - - - - - - - - - - - W.P(C)No. 35834 of 2008 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of January, 2009 J U D G M E N T The petitioner claims to be in possession and enjoyment of a property measuring 32 cents in Re-survey No. 275/2 of Thalikulam Village in Chavakad Taluk. In 2007, the 1st respondent Panchayat allegedly unauthorisedly erected a spot light tower on the south-west protion of the petitioner's property and constructed a compound wall annexing the same. Petitioner filed Exts.P2 and P6 before the 2nd and 5th respondents seeking removal of the said tower. Although, the 5th respondent took Ext.P6 complaint on file and numbered the same, no order has been passed thereon. The petitioner also filed an application before the 3rd respondent for issuance of possession certificate in respect of his property which also has not been issued till date. It is in the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “(i) issue a writ of mandamus or any other appropriate writ, direction or order directing the 3rd respondent to issue to the petitioner the possession certificate in respect of the property comprised in Re.Sy. No. 275/2 of Thalikulam Village forthwith. (ii) issue a writ of mandamus or any other appropriate writ, direction or order directing the 5th respondent to pass orders in Complaint No. A10-2007/39058/8 expeditiously. (iii) issue a writ of mandamus or any other appropriate writ, direction or order directing the 2nd respondent to remove the spot light tower unauthorisedly erected in the petitioner's property.” W.P(C)No. 35834 of 2008 - 2 - 2. However, for the present the petitioner is not pressing prayer Nos. 2 and 3 in so far as the petitioner's remedy lies in filing a suit before an appropriate court for those reliefs. However, the petitioner submits that when the petitioner submitted application for possession certificate, the 3rd respondent has a duty to issue one. The learned Government Pleader on instructions submits that as is clear from Ext.P5, before issuing possession certificate to the petitioner it is necessary to survey the property, for which the service of the Taluk Surveyor is necessary. It is further submitted that by Ext.P5, the village officer has requested the Tahsildar for the assistance of the Taluk Surveyor. 3. I have considered the rival contentions in detail. 4. Ext.P5 is dated 4.9.2007 and 1½ years have gone by. It is unfortunate that the procedure could not be completed even now. In the above circumstances, I dispose of this writ petition with a direction to the respondents 3 and 4 to complete the survey proceedings, as expeditiously as possible, at any rate within two months form the date of receipt of a copy of this judgment and pass orders on the application for possession certificate submitted by the petitioner within that time. S.SIRI JAGAN, JUDGE rhs