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2020 Supreme(Online)(KER) 47823

JUDGMENT

The petitioner states that he is the owner in title and possession of an item of property having an extent of 24.15 Ares situated in various survey numbers at Kanthalloor Village, which was purchased as per Exhibit P1 sale deed. According to the petitioner, he conducted a private survey and realized that the physical boundary of the property and boundary description in the title deed varies with the boundary description in the Field Measurement Sketch and Field Supplementary Sketch retained in the office of the respondents. In order to correct the discrepancy, the petitioner herein preferred Exts.P3 and P4 applications before the 1st respondent. His grievance is that the said applications are not taken up and considered by the 1st respondent till date. It is in the aforesaid circumstances the petitioner has approached this Court seeking the following reliefs:- i. to issue an appropriate writ of mandamus directing the respondents to correct the boundary descriptions of the petitioner’s property in Field Measurement Sketch and Field Supplementary Sketch and other connected Taluk and Village Office documents inconsistent with the physical boundary of the property and Exts.P1 and P2.

ii. to issue an appropriate writ, order or direction directing the 1st respondent to consider Ext.P3 and P4 within a specified time.

2. The learned Government Pleader on instructions submits that Exts.P3 and P4 applications submitted by the petitioner is not in proper form prescribed under the Kerala Surveys and Boundaries Act, 1961, and the Rules framed thereunder. He stated that if the petitioner files an application in the proper form, the same can be considered in accordance with law.

3. Having regards to the facts and circumstances and the submissions made across the bar, this writ petition is disposed of directing the petitioner herein to file an application in the prescribed form together with the requisite fee within a period of two weeks from today. If such an application is filed, the 1st respondent shall consider the same on its merits and in consonance with law, and pass appropriate orders on its merits, within an outer limit of 3 months.

The petitioner shall produce a copy of the writ petition along with the judgment before the 1st respondent to ensure compliance.

Sd/- RAJA VIJAYARAGHAVAN V JUDGE sru APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE TITLE DEED NO.531/2010 DATED 10.03.2010 OF DEVIKULAM SUB REGISTRY OFFICE.

EXHIBIT P2 TRUE COPY OF THE SITE/LOCATION SKETCH ISSUED BY THE 3RD RESPONDENT DATED

18.06.2020.

EXHIBIT P3 TRUE COPY OF THE PETITION FILED BEFORE THE 1ST RESPONDENT DATED 11.07.2020.

EXHIBIT P4 TRUE COPY OF THE PETITION FILED BEFORE THE 1ST RESPONDENT DATED 11.07.2020.

RESPONDENTS EXHIBITS:NIL

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