IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 WP(C).No. 1144 of 2008(J) ------------------------------------- PETITIONER: ------------------- A.B. RADHAKRISHNA MENON, S/O. BALAN NAIR, AYIKKAPATTU HOUSE, KIDANGOOR P.O. ANGAMALY-683 591. BY ADV. SRI.K.V.SOHAN, ADV. SMT.SREEJA SOHAN.K, ADV. SRI.VINEETH KURIAKOSE. RESPONDENTS: ----------------------- 1. THE SECRETARY, THURAVOOR GRAMA PANCHAYATH, ALUVA TALUK, ERNAKULAM DISTRICT. 2. THE TAHSILDAR, ALUVA TALUK, ERNAKULAM DISTRICT. 3. THE HEAD SURVEYOR AND APPROVING AUTHORITY, REGISTRATION SUB DISTRICT SURVEY OFFICE, ANGAMALY. 4. THE DIRECTOR OF SURVEY AND LAND RECORDS, TRIVANDRUM. 5. RAVEENDRA NATHA PILLAI, PANDHAPILLIL HOUSE, KIDANGOOR, ALUVA, ERNAKULAM DISTRICT. 6. NARAYANA PILLAI, PANDHAPILLIL HOUSE, KIDANGOOR, ALUVA, ERNAKULAM DISTRICT. W.P.(C). NO.1144/2008-J: 7. SUKUMARA PILLAI, PANDHAPILLIL HOUSE, KIDANGOOR, ALUVA, ERNAKULAM DISTRICT. 8. NISHA SIVARAMAN, LICENCE SURVEYOR, ANGAMALI. R2, R3 & R4 BY GOVERNMENT PLEADER SMT. M.R. SREELATHA, R5 TO R7 BY ADV. SRI.S.SREEKUMAR, R1 BY ADV. SRI.C.A.CHACKO. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.1144/2008-J: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE SURVEY PLAN OF FIELD NUMBER 39 OF THURAVOOR VILLAGE. EXT.P.2: COPY OF THE REPORT SUBMITTED BY THE VILLAGE OFFICER, THURAVOOR DT. 04/10/1996. EXT.P.3: COPY OF THE DECISION OF THE R.1. IN ITS COMMITTEE MEETING, DT. 06/10/2003. EXT.P.4: COPY OF THE SURVEY MAP PREPARED BY THE LICENCE SURVEYOR 8TH RESPONDENT AND APPROVED BY THE 3RD RESPONDENT. EXT.P.5: COPY OF THE PETITION SENT BY THE PETITIONER TO THE 4TH RESPONDENT DTD. 12/12/2007. RESPONDENTS' EXHIBITS & ANNEXURE: EXT.R7.A: COPY OF THE DOCUMENT NO. 3224/1954 OF ANGAMALY SRO. EXT.R7.B: COPY OF THE SETTLEMENT DEED NO.1247/03 OF ANGAMALY SRO. EXT.R7.C: COPY OF THE SURVEY MAP. EXT.R7.D: COPY OF THE PLAINT IN O.S. NO. 277/2008 BEFORE THE MUNSIFF COURT, ALUVA. EXT.R7.E: COPY OF THE COMMISSION REPORT AND SKETCH DTD. 02/07/2008 FILED BY THE COMMISSIONER. EXT.R7.F: COPY OF THE SKETCH DTD. 04/02/2006 PREPARED BY THE TALUK SURVEYOR. EXT.R7.G: COPY OF THE COVERING LETTER DTD. 08/04/06 ISSUED BY THE TALUK SURVEYOR. EXT.R7.H: COPY OF THE NOTICE DTD. 11/01/2008 ISSUED BY THE DEPUTY DIRECTOR OF SURVEYS. ANNEXURE 1: COPY OF THE NOTICE DTD. 11/01/2008 ISSUED TO THE PETITIONER. //TRUE COPY// P.S. TO JUDGE. prv. V.GIRI, J. ------------------------- W.P.(C).No.1144 of 2008 ------------------------- Dated this the 17th day of December, 2008. JUDGMENT The petitioner has been using a pathway, which he describes, as a 'Public Pathway' in Old Survey No.391/6A of the Thurvaoor Village. The said pathway was also one being used a way from the Kidangoor Mahavishnu Temple to Arattukadavu. According to the petitioner, it is a public pathway and has been so for several years ago. The petitioner contends that respondents 5 to 7 tried to reduce the width of the said pathway. Thereupon, the Village Officer measured the property and submitted a report. The petitioner contends that the 1st respondent failed to take any effective steps for preserving the pathway for public use. This was apparently complained against by the President of the Kidangoor Mahavishnu Kshetra Committee; who sought for what is called as “a restoration of the pathway” to its full width and requested the Taluk Surveyor to measure the property before restoration of the property. 2. The petitioner refers to the Survey Map prepared by the 8th respondent, Licensed Surveyor. The W.P.(C).NO.1144/08 :: 2 :: petitioner submits that a Torrens Survey Map in the village is yet to be prepared and unless it is prepared, it is quite possible that the pathway might be obliterated in course of time. He, therefore, submitted Ext.P5 representation before the Director of Survey and Land Records. The writ petition has been filed essentially seeking a direction to the Director of Survey and Land Records to take a decision on Ext.P5. 3. A counter affidavit has been filed by respondents 5 to 7 and separate counter affidavits by respondents 1 and 3. Reference is made to the obligation of the Panchayat to preserve the puramboke land. The counter affidavit filed by the 3rd respondent affirms the existence of the pathway and its user by the devotees of the Arattukadavu and Mahavishnu Temple during festival time. The counter affidavit filed by respondents 5 to 7 refers to a measurement conducted by the Taluk Surveyor and the issuance of Ext.R7(h) survey sketch. 4. A Torrens Survey, in the circumstances as sought for by the petitioner, cannot be objected to by the respondents. It seems that the Director has already W.P.(C).NO.1144/08 :: 3 :: forwarded Ext.P5 to the Deputy Director and it would suffice if the Deputy Director proceeds to take further steps to see that Torrens Survey in the Village is completed. In the result, the writ petition is disposed of directing the 4th respondent to take further steps pursuant to Ext.P5 and complete the measurement in terms of Ext.R7 (h) in relation to New Survey No.39/4 Block No.13 of Thuravoor Village. If it is found that there has been any error in the survey map already prepared, that shall be directed to be corrected based upon the measurement to be effected pursuant to Ext.R7(h). This shall be done within two months from the date of receipt of a copy of this judgment. Sd/- (V.GIRI) JUDGE sk/ //true copy//