IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 WP(C).No. 7355 of 2009(L) ------------------------- PETITIONER(S): --------------- GEORGE V.KURIAN, CHARTERED ACCOUNTANT, VANDANATHIL HOUSE, KOLENCHERY P.O., ERNAKULAM DISTRICT. BY ADV. SRI.SHEJI P.ABRAHAM RESPONDENT(S): --------------- 1. DEPUTY DIRECTOR,SURVEY AND LAND RECORDS, CIVIL STATION,KAKKANAD. 2. SUPERINTENDENT OF SURVEY (RE-SURVEY), MINI CIVIL STATION,TRIPUNITHURA. 3. VILLAGE OFFICER, AYKKARANAD NORTH VILLAGE, KADAYIRIPPU P.O., KOLENCHERRY. 4. SUB REGISTRAR, PUTHENCRUZ, PUTHENCRUZ VIA, ERNAKULAM DISTRICT. MR.P.N.SANTHOSH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.7355 of 2009 --------------------------------- Dated, this the 6th day of March, 2009 J U D G M E N T The petitioner submits that on the strength of Exts.P1 & P1(a), he was in possession of 4 acres and 11.5 cents of land in Survey Nos.388/4 & 388/5 of Aikkaranad North Village. It is stated that the property was resurveyed, as a result of which, according to the petitioner, a portion of the aforesaid property was wrongly included in Resurvey No.35/9. The petitioner states that on coming to know of this, he made Ext.P3 application to the Survey Adalat for correcting the alleged mistake. There was no response and thereupon, he filed Exts.P4 & P5 before respondents 1 & 2 respectively. Orders have not been passed on these applications. 2. In the meantime, the petitioner came across Ext.P6, a news report, and on that basis submits that the property is likely to be included along with the properties of certain strangers. In these circumstances, the writ petition has been filed praying that respondents 1 & 2 be directed to consider and pass orders on Exts.P4 & P5 and that in the meantime, the 4 th respondent be WP(C) No.7355/2009 -2- directed that no registration in respect of the property in Old Survey Nos.388/4 & 388/5 of Aikkaranad North Village, be permitted. 3. As already noticed, the grievance of the petitioner is basically that a portion of his property situated in Survey Nos.388/4 & 388/5 has wrongly merged with resurvey No.35/9 of Aikkaranad North Village, following the resurvey that was conducted. It is seeking rectification of this alleged error that the petitioner has filed Exts.P4 & P5. Now that these representations are pending, I feel, it is only appropriate that until orders are passed thereon, the 4 th respondent shall not register any document covering the property, which was initially included in Survey Nos.388/4 & 388/5 and now included in R.S.No.35/9 of Aikkaranad North Village. 4. Therefore, the writ petition is disposed of with the following directions:- That the 1 st respondent, before whom Ext.P4 has been filed, shall consider the same with notice to the petitioner and persons affected by any order on Ext.P4, and pass orders thereon. This shall be done as expeditiously as possible, at any rate, within four weeks of production of a copy of this judgment. It is directed that until WP(C) No.7355/2009 -3- orders are passed by the 1 st respondent on Ext.P4, the 4 th respondent shall not permit registration of any document concerning any portion of the property, which was initially situated in Survey Nos.388/4 & 388/5, and now included in R.S.No.35/9 of Aikkaranad North Village. 5. The petitioner shall produce a copy of this judgment before respondents 1 & 4 for compliance. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg