JOSEPH Vs. COMMISSIONER OF LAND REVENUE AND OTHERS

JUDGEMENT

(1.) According to the petitioner, he is the title holder having ownership, possession and enjoyment over 15 1/2 cents of landed property in Sy.No.273/14 of Vadanappilly Village, Chavakkad Taluk, Thrissur Revenue District, as per Ext.P-1 registered sale deed No.326/1995 dated 9.2.1995 of S.R.O., Vadanappilly. The petitioner shares his boundaries with the contesting respondents 6 and 7. The petitioner has filed Ext.P-4 application in Form No.10 of the Kerala Survey and Boundaries Rules for measurement and survey of his property. Aspects regarding Ext.P-4 application was intimated to the contesting respondents 6 and 7 by the 4th respondent-Taluk Surveyor, Thrissur. Later, the 4th respondent carried out the measurement of the property and exact boundary was determined and concrete posts were erected, it is averred. The petitioner had approached respondents 2 to 5 on many occasions for getting copy of the intimation of the order of fixation of boundary. But that, till date, no order was communicated to the petitioner. It is the case of the petitioner that the official respondents are obliged and duty bound as per Section 10 of the Kerala Survey and Boundaries Act, 1961, to communicate the order in writing and determine the disputed boundary. Since the official respondents have not done the same they have failed in their statutory obligation, it is contended. Further the official respondents are bound as per Section 13 of the Survey and Boundaries Act, 1961, to notify the order in Gazette and since they have not done the same, they have failed in their statutory obligation. It is in these circumstances, that the petitioner has instituted the instant Writ Petition seeking the following reliefs:

(2.) Heard Smt.K.B.Anamika, learned counsel appearing for the petitioner, Sri. Saigi Jacob Palatty, learned Senior Government Pleader appearing for officials respondents 1 to 5 and 8 and Sri.P.Ramachandran, learned counsel appearing for contesting respondents 6 and 7.

(3.) It is seen from the materials on record that Ext.P-6 letter dated 29.5.2015, the Office of the 5th respondent-Thahsildar, Chavakkad Taluk, Thrissur District, has intimated as follows: