RASIYA MOIDHUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) Being aggrieved by Exhibit P17 report submitted by the 11th respondent in purported compliance of the directions of this Court in W.P. (C) No. 12792 / 2020, the petitioner is before this Court .

(2.) The petitioner states that she had earlier approached this Court by filing W.P. ( C) No. 12792/2020 being aggrieved by certain construction activities carried out by the respondents 8 to 11 on the strength of a building permit issued by the 7th respondent. She contends that the permit was issued on the basis of a survey report which showed that the petitioner's property was included within the boundary of the property of the party respondents.

(3.) This Court, after considering the submissions advanced by both sides had disposed of the matter by Exhibit-P14 judgment with directions. This Court had directed the 7th respondent-Taluk Surveyor to complete the survey which was already undertaken on or before 13.07.2020. It was further ordered that the Taluk Surveyor shall take steps to ascertain whether the construction carried out by the party respondents on the strength of the building permit issued by the Secretary, Vellamunda Grama Panchayath was made on any property, which is claimed by the petitioner on the basis of her title deed and also the unassigned land claimed by her. The survey was ordered to be conducted by examining the title deeds of the petitioner as well as the party respondents, the old survey records, resurvey records and any other relevant documents. The 7th respondent was also directed to give a survey sketch and survey report with his opinion and conclusions therein on the said issue. This process was directed to be communicated by the Taluk Surveyor to the Secretary, Vellamunda Grama Panchayath on or before 30.07.2020. The Secretary was ordered to serve copies of the survey report and survey sketch to the petitioner and contesting respondents 8 to 10. Certain directions were also issued to the Secretary of the Panchayath to act in tune with the report of the Taluk Surveyor.