IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 WP(C).No. 3741 of 2011(P) ------------------------------------- PETITIONER : --------------------- 1. K.M.RAMANI, WIFE OF LATE K.SIVASANKARAN NAIR, AGED 60 YEARS, JAYALAKSHMI NIVAS, THEKKETHARA, AYLUR.P.O., PALAKKAD. 2. K.M.JAYALAKSHMI, JAYALAKSHI NIVAS, THEKKETHARA, AYLUR.P.O., PALAKKAD. BY ADVS. SRI.P.B.SURESH KUMAR SRI.LEO GEORGE SRI.K.N.SASIDHARAN NAIR RESPONDENTS : -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, G.P.O- 695 001. 2. THE DIRECTOR OF SURVEY, SURVEY AND LAND RECORDS DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, G.P. 695 001. 3. THE DEPUTY DIRECTOR(SURVEY), PALAKKAD- 678 510. 4. THE ASSISTANT DIRECTOR OF RESURVEY, OFFICE OF ASSISTANT DIRECTOR OF RESURVEY, OPPOSITE TO TOWN RAILWAY STATION, PALAKKAD - 678 510. 5. SUPERINTENDENT (RE-SURVEY),PALAKKAD - 678 510. 6. M.KANDAMUTHEN, PAYYANGOTTIL, KAYARADI.P.O., ADIPARANDA, CHITTOOR, PALAKKAD-678 510. GOVERNMENT PLEADER SMT.SANGEETHA FOR R1 TO R5 ADV. SRI. NAVEEN.T FOR R6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DSV/- WP(C).No. 3741 of 2011(P) APPENDIX PETITINOER'S EXHIBITS: EXHIBIT P1 : COPY OF THE SKETCH SHOWING THE LIE OF THE PROPERTY HELD BY LATE K.SIVASANKARAN NAIR, KALLYADI RIVER, PANCHAYAT ROAD AND THE GATE OF THE PROPERTY. EXHIBIT P2 : COPY OF THE ORDER PASSED BY THE FOURTH RESPONDENT DATED 23/11/2009. EXHIBIT P3 : COPY OF THE COMMUNICATION ISSUED BY THE RESURVEY SUPERINTENDENT, PALAKKAD TO VILLAGE OFFICER, KAYARADI DATED 25/11/2009. EXHIBIT P4 : COPY OF THE ORDER OF THE SECOND RESPONDENT DATED 05/10/2010. RESPONDENTS' EXHIBITS: EXT.R6(A) : COPY OF THE SKETCH OF THE LAND SITUATED IN RESURVEY NO.174 OF KAIRADY VILLAGE. EXT.R6(B) : COPY OF THE LETTER ALLEGEDLY ISSUED BY RESURVEY SUPERINTENDENT PALAKKAD. EXT.R6(C) : COPY OF THE ADVOCATE COMMISSIONER REPORT ALONG WITH THE SKETCH. EXT.R6(D) : COPY OF THE ORDER DATED 09/02/2010 IN I.A.NO.3316/2009 IN O.S.NO.533/2009. EXT.R6(E) : COPY OF THE JUDGMENT DATED 18/06/2010 IN C.M.A.NO.46/2010. EXT.R6(F) : COPY OF THE BASIC TAX RECEIPT. EXT.R6(G) : COPY OF THE POSSESSION CERTIFICATE. /TRUE COPY/ P.A. TO JUDGE DSV/- ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 3741 OF 2011 ----------------------------------------------------- Dated this the 2nd day of December, 2011 J U D G M E N T Heard the counsel for the petitioner, learned Government Pleader appearing for respondents 1 to 5 and also the learned counsel appearing for the 6th respondent. 2. What is under challenge in this writ petition is Ext.P4, an order dated 5.10.2010 issued by the 2nd respondent. Reading of this order shows that the 2nd respondent has directed the 3rd respondent to cancel Ext.P2, by which, the resurvey pertaining to 8 Ares of property of the petitioner comprised in R.Sy.No.174/1 of Block No.52 of Kayaradi Village was approved by the Deputy Director. 3. A perusal of Ext.P4 discloses that the order was issued on an application made by the 6th respondent and one of the grounds on which this order is challenged is that this was issued without notice to the petitioners. Although W.P.(C) No. 3741 OF 2011 :2 : the counsel for the 6th respondent contends that the order was issued with notice to him, there is nothing stated either in Ext.P4 or elsewhere to show that the petitioners were issued notice before cancelling Ext.P2 proceedings which was in their favour. Therefore, it is evident that Ext.P4 is an order issued in violation of the principles of natural justice and for that reason the said order has to be set aside and I do so. 4. It is directed that on the production of a copy of this judgment, the 2nd respondent will reconsider the application made by the 6th respondent with notice to the petitioners and the 6th respondent and pass fresh orders in the matter. This the 2nd respondent shall do as expeditiously as possible at any rate within eight weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of accordingly. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge