IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 8TH JULY 2009 / 17TH ASHADHA 1931 WP(C).No. 37380 of 2008(Y) -------------------------- PETITIONER(S): --------------- 1. PUTHIYAKOVILAKATH NANDAKUMAR, S/O.M.C.RAMANATHAN, 49 YEARS, NANNIYAMKARA AMSOM, THIRUVANNOOR NADA POST, KOZHIKODE 29. 2. EDAVALATH KOYILOTH RAMESH VARA, S/O.RAMAN NAMBOODIRI, 41 YEARS, PURAMERI POST, BADAGARA TALUK. 3. EDATHIL VINOD KUMAR, S/O.APPUKUTTA PANICKER, 42 YEARS, POST NELLIKODE, KOZHIKODE TALUK. 4. M.K.AJMAL KHAN, S/O.M.K.KUNHIKOCHI, 41 YEARS, MUPPARIKKA PARAMBIL, KODUNGALLUR AMSOM, MUPPATHADAM DESOM, PARUR TALUK. 5. SATHEESHAN NAIR, S/O.BALAKRISHNAN NAIR, AGED 47 YEARS, MELEDATH HOUSE, KADALUNDI POST, KOZHIKODE TALUK. 6. V.P.PURUSHOTHAMAN, S/O.APPUKUTTY, 67 YEARS, MAKERI PURAKKATTIRI HOUSE (JYOTHI NIVAS) POST GURUVAYOORAPPAN COLLEGE, KOZHIKODE TALUK. 7. RAJA DINESH VARMA, S/O.KERALA VARMA, 50 YEARS, PUTHIYA KOVILAKATH, THIRUVANNOOR NADA POST, KOZHIKODE TALUK. BY ADV. SMT.T.D.RAJALAKSHMI SRI.R.SREEHARI RESPONDENT(S): --------------- THE ASSISTANT DIRECTOR OF RE-SURVEY, KARANI, MEENANGADI (VIA) SOUTH WAYANAD. GOVERNMENT PLEADER SMT.SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). No. 37380/08. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE TITLE DEED OF P1. P2. -DO- P2 P3. -DO- P3 P4. -DO- P4 P5. -DO- P5 P6. -DO- P6 P7. -DO- P7 P8. COPY OF THE BASIC TAX RECEIPT ISSUED TO P1. P9. -DO- P2. P10. -DO- P3. P11. -DO- P4 P12. -DO- P5. P13. -DO- P6 P14. -DO- P7 P15. COPY OF THE REPRESENTATION DTD.20.10.08 BEFORE THE RESPONDENT. P16. COPY OF THE REPLY DTD.11.12.08. Sdk+ ///True Copy/// P.A. To Judge S.SIRI JAGAN, J. ================== W.P(C).No.37380 of 2008 ================== Dated this the 8th day of July, 2009 J U D G M E N T The petitioners' grievance in this writ petition is that the properties of the petitioners are not being given sub division numbers on the ground that re-survey work of the village in which the properties are situated is not over and without the resurvey work being over, the work of sub division cannot be undertaken. According to the petitioners, if the resurvey work is indefinitely delayed, the petitioners would be seriously prejudiced. 2. Since I found prima faice substance in that submission, I directed the Government Pleader to file a counter affidavit stating as to within what time the resurvey work can be undertaken and completed so as to assign sub division numbers to the petitioners' properties. 3. A counter affidavit has now been filed by the respondent. According to the Assistant Director of Resurvey, who has filed the counter affidavit, a definite time frame cannot be stated now in so far as, out of 49 villages in Wayanad district, resurvey of only 34 villages has been completed and resurvey work of the balance villages is being undertaken one by one. For redressing the grievance of the petitioners, it is suggested that the sub division numbers can be w.p.c.37380/08 2 assigned to the petitioners' properties in accordance with the existing survey records and as and when the resurvey is completed, further proceedings can be taken in accordance with the resurvey. I am of opinion that it is a reasonable suggestion. 4. Therefore, the writ petition is disposed of with the following directions: The petitioners shall file an appropriate application before the Tahsildar requesting him to assign sub division numbers to their properties in accordance with the existing survey records. On receipt of the said application, the Tahsildar shall take appropriate steps in the matter and assign sub division numbers to the petitioners' properties in accordance with the existing survey records, as expeditiously as possible, at any rate, within two months from the date of receipt of the application from the petitioners. The petitioners shall produce a certified copy of this judgment before the Tahsildar for compliance. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge