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M. A. ABDUL HAKHIM
STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM – Appellant
Versus
M. J. SUNIL KUMAR, S/O. LATE JAMES T. MALANA – Respondent
JUDGMENT :
M.A. ABDUL HAKHIM, J.
1. These four appeals at the instance of State Government and its Revenue Officers arise from two suits filed by two individuals as O.S.Nos.68/2007 and 78/2007 under S.14 of the Kerala Surveys and Boundaries Act, challenging the Re survey of the plaint schedule properties mentioned therein.
2. The appellants are the defendants 1 to 8. Vythiri Grama Panchayat is the 9th defendant. Both the suits were decreed in favour of the plaintiffs. The 9th defendant Panchayat filed A.S.Nos. 1/2019 and 2/2019 before the First Appellate Court challenging the judgments and decrees passed in both the suits. The said appeals were dismissed by the First Appellate Court by judgments and decrees dt. 15.11.2021. The defendants 1 to 8 have filed RSA No.539/2023 and RSA No.541/2023 challenging the judgments and decrees in AS No.2/2019 and AS No. 1/2019 respectively. The defendants 1 to 8 had filed AS No.12/2019 and 13/2019 challenging the judgment and decree in both the suits with Applications to condone delay of 279 days in filing the appeals. The First Appellate Court dismissed the Applications to condone delay and consequently dismissed the appeals also as per judgment an
Notice under S.80 CPC is not required for suits filed under S.14 of the Kerala Surveys and Boundaries Act, as it is a special statute providing distinct remedies.
Procedural fairness mandates that all affected parties must be notified before conducting surveys related to land encroachments, as established by prior court directions.
Notice under Section 249 of the Kerala Panchayat Raj Act is not mandatory when no relief is claimed against the Panchayat, nor is any action by it challenged.
Point of Law : Resources meant for public use cannot be converted into private ownership.
Authorities must adhere to procedural rules when conducting land surveys, ensuring that objections are addressed in a reasoned manner as directed by the court.
Surveying authorities can conduct surveys of private lands upon request, as long as no specific prohibition exists in the governing legislation.
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