IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 28TH FEBRUARY 2011 / 9TH PHALGUNA 1932 WP(C).No. 6193 of 2011(Y) ------------------------- PETITIONER: --------------- ST.FRANCIS XAVIER'S CHURCH, KATHRIKADAVU,KALOOR REP.BY THE VICER,FR.JUDIS PANAKKAL BY ADV. M/S.VARGHESE & JACOB MR. P.JACOB VARGHESE, SENIOR ADVOCATE MR. VIVEK VARGHESE P.J. MR. P.G.GOPALAKRISHNAN UNNITHAN MS. MANEESHA KUMAR RESPONDENTS: --------------- 1. STATE OF KERALA REP.BY PRINCIPAL REVENUE SECRETARY, SECRETARIAT,THIRUVANANTHAPURAM-695001 2. THE DISTRICT COLLECTOR, COLLECTORATE, ERNAKULAM,682030 3. THE TAHSILDAR, KANAYANNUR TALUK ERNAKUAM, COCHIN-682011 4. THE VILLAGE OFFICER, ELAMKULAM VILLAGE ERNAKUAM DISTRICT, PIN-682020 5. TALUK SURVEYOR, KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN-682011 6. DISTRICT SURVEY SUPERINTENDENT KAKKANAD, ERNAKULAM,PIN-680030 7. SECRETARY, GREATER COCHIN DEVELOPMENT AUTHORITY ERNAKULAM-PIN-682020 R1 TO R6 BY GOVERNMENT PLEADER MR. P. N. SANTHOSH R7 BY ADV. MR. M. K. THANKAPPAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No. 6193 OF 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 28th day of February, 2011 JUDGMENT The petitioner has approached this Court with the following prayers: i. issue a writ of mandamus or such other writ, order or direction, directing the respondent Nos. 4,5 and 6 to measure the properties in Ext. P1 under the provisions of Survey and Boundaries Act by themselves or through the authorized licensed surveyors in their supervision and to furnish plan and sketch to the petitioner; an ii. issue a writ of mandamus or such other writ, order or direction, directing the 3rd respondent to effect mutation of the properties in Ext. P1 by effecting transfer of Registry in the name of the petitioner Church iii. cost of this proceedings; an iv. such other reliefs that this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. 2. The learned senior counsel Sri. P. Jacob Varghese, appearing for the petitioner, submits that, the only grievance now being pressed before this Court is with regard to the first relief. 3. Heard the learned Government Pleader as well. Considering the facts and circumstances, the respondents 5 and 6 are directed to complete the measurements in respect of the properties covered by Ext. P1, under the relevant provisions of the Survey and Boundaries Act, subject to the satisfaction of all the statutory requirements and payment of necessary fees and such other charges in this regard. The W.P. (C) No. 6193 of 2011 2 proceedings as above shall be finalized, as expeditiously as possible, at any rate, within this 'five months' from the date of receipt of a copy of this judgment. The contentions as to the relief sought for with regard to the right to have mutation are left upon. The Writ Petition is disposed of. P. R. RAMACHANDRA MENON, JUDGE kmd