SURESH KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition has been filed challenging Ext.P4 order issued by the Tahsildar, Land Records, Thiruvananthapuram, the 2nd respondent herein. The cause that led to Ext.P4 being issued by the said Authority, was that the petitioner made a request, through Ext.P3, that his property, comprised of in Sy.No.515 having an extent of 3.5 cents of land, be surveyed and demarcated. However, when a survey team visited the site in question, they found that this extent of land is, in fact, in the physical possession of strangers and therefore that the survey of this property cannot be conducted. This is to stated in Ext.P4 and the petitioner impugns this order as being illegal and unlawful.

(2.) I have heard Sri K.B.Pradeep, the learned counsel for the petitioner; Sri M. Dinesh, the learned counsel appearing for respondents 4 and 5 and the learned Government Pleader appearing for respondents 1 to 3.

(3.) Sri K.B.Pradeep submits that Ext.P4 order is unsustainable in law because, the Survey Authorities are obligated to measure the property even if it is not in possession of the petitioner. He adds that the petitioner does not concede the statement in Ext.P4, that this 3.5 cents of land is in the possession of other persons. However, in the same breath, he admits that he has arrayed respondents 4 and 5 on the part array, because they are the persons who seem to be claiming rights or possession over this extent of land.