IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 WP(C).No. 35837 of 2009(S) -------------------------- PETITIONERS: --------------- 1. SHANAVAS KHAN.K, PRESIDENT, KERALA SURVEY & FIELD STAFF N.G.OS' ASSOCIATION, JOINT COUNCIL BUILDING, NEAR PRESS CLUB, THIRUVANANTHAPURAM-1. 2. ASHOK KUMAR.R, GENERAL SECRETARY, KERALA SURVEY & FIELD STAFF N.G.OS' ASSOCIATION, JOINT COUNCIL BUILDING, NEAR PRESS CLUB, THIRUVANANTHAPURAM-1. BY ADV. SRI.G.BHAGAVAT SINGH RESPONDENTS: ----------------- 1. STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, SURVEY & LAND RECORDS, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF SURVEY, THIRUVANANTHAPURAM. 3. BIJU PRABHAKARAN, CHIEF PROJECT OFFICER, KERALA LAND INFORMATION MISSION, (BHOOMI KERALAM) & ASSISTANT SECRETARY SURVEY & LAND RECORDS, VAZHUTHACAUD, THIRUVANANTHAPURAM. BY ADDITIONAL ADVOCATE GENERAL, SRI.RENJITH THAMPAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 35837 of 2009 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 : TRUE COPY OF THE ORDER DATED 17.10.08 ISSUED BY THE 1ST RESPONDENT. EXT.P2 : TRUE COPY OF AGENDA ITEM 10 OF THE NATIONAL LAND RESOURCE MANAGEMENT PROGRAMME. EXT.P3 : TRUE COPY OF THE CENTRAL ASSISTANCE UNDER NLRNP SANCTIONED BY THE MINISTRY OF RURAL DEVELOPMENT. EXT.P4 : TRUE COPY OF CHART OF POSITION OF THE RESURVEY IN THIRUVANANTHAPURAM TALUK. EXT.P5 : TRUE COPY OF QUOTATION NOTICE DT.24.07.09. EXT.P5(A) : ENGLISH TRANSLATION OF EXT.P5 -DO- EXT.P6 : TRUE COPY OF CIRCULAR NO.B13933/2000 DT.20.06.02 ISSUED BY SY. DIRECTOR. EXT.P7 : TRUE COPY OF THE INFORMATION SUPPLIED UNDER RTI ACT 2005 TO SRI.SURENDRASEN. EXT.P7(A) : ENGLISH TRANSLATION OF EXT.P7 -DO- EXT.P8 : TRUE COPY OF REPORT OF STUDY DT.12.03.09. EXT.P9 : TRUE COPY OF NEWS ITEM PUBLISHED IN CHANDRIKA DAILY DATED 12.11.09. EXT.P9(A) : NGLISH TRANSLATION OF EXT.P9 -DO- EXT.P10 : TRUE COPY OF REPRESENTATION DATED 05.11.09 FILED BY THE PETITIONERS BEFORE THE MINISTER. /TRUE COPY/ PA TO JUDGE Kurian Joseph, Ag.CJ. & Thottathil B. Radhakrishnan, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 35837 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of January, 2010 JUDGMENT Kurian Joseph, Ag.CJ. The Writ Petition is filed with the following prayers: “(b) issue writ of mandamus or other order or direction directing the 1st respondent to order a high level vigilance enquiry towards the 3rd respondent and to recover the entire amount from him wasted by him through his illegal acts from the public exchequer; (c) issue an appropriate writ or order or direction restraining the respondents from continuing the survey violating the Act and Rules and the Survey Manual and direct the 1st respondent to amend the Act and Rules by incorporating appropriate provisions before implementing the modernized method of survey by using GPS and Total Sation etc. enabling the survey department to use GPS and Total Sation and other modern machines for the survey operations; (d) declare that the areal photogramtry and the remote sensing/satellite survey are not suited for the survey operations to be conducted under the Bhoomi Keralam Project; (e) direct the respondents to use the surveyors and other staffs in the survey department for conducting the resurvey and avoid unnecessary wastage of further survey in case of the surveyed areas and also direct the respondents to update the records of the surveyed areas and computerize the same for achieving the intended target of NLRMP;” 2. Learned counsel for the petitioners submits that survey W.P.(C) No. 35837 OF 2009 -:2:- operations can only be in accordance with the provisions in the Act and Rules. 3. It is seen that petitioners have brought the matter to the notice of the 1st respondent as per Ext.P10. There will be a direction to the 1st respondent to advert to the contentions taken by the parties and take appropriate action thereon, in accordance with law, with notice to the petitioners within a period of two months from the date of receipt/production of a copy of this judgment along with a copy of the writ petition. 4. We make it clear that we have not expressed anything on merits and the Government has to take decision in the matter in accordance with law. Writ Petition is disposed of as above. Kurian Joseph, Acting Chief Justice. Thottathil B. Radhakrishnan, Judge. ttb W.P.(C) No. 35837 OF 2009 -:3:-