Authorities must consider and pass orders on statutory applications under the Kerala Survey and Boundaries Rules promptly.

JUDGMENT

Petitioners have approached this Court essentially seeking a direction to respondents 2 and 3 to forthwith conduct and conclude measurement of property belonging to the petitioners under Ext.P1 and to fix the boundaries based on the provisions contained in Rules 27 and 43 of the Kerala Survey and Boundaries Rules . It is pointed out that the petitioners have already filed Exts.P8 and P9 applications under the provisions of the aforesaid Rules before the 2nd respondent. The learned counsel appearing for the petitioners would submit that there may be direction to the 2nd respondent to consider and pass orders on Exts.P8 and P9, in accordance with law, and to do the needful to fix the boundaries as requested for by the petitioners.

2. The learned Government Pleader seeks time to get instructions. However, considering the nature of the relief sought for in the writ petition and considering the fact that Exts.P8 and P9 are statutory applications under Kerala Survey and Boundaries Rules , I am of the opinion that this writ petition need not be adjourned to enable the learned Government Pleader to get instructions.

Therefore, this writ petition will stand disposed of directing the 2nd respondent or any other competent authority to consider and pass orders on Exts.P8 and P9 applications filed by the petitioners, within a period of three months from the date of receipt of a certified copy of this judgment.

Sd/- GOPINATH P.

JUDGE DK APPENDIX OF WP(C) 2779/2023 PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOSTAT COPY OF THE PURCHASE CERTIFICATE NO.256/1988 DATED

16.08.1988 ISSUED BY THE LAND TRIBUNAL ERNAKULAM Exhibit P2 TRUE PHOTOSTAT COPY OF THE DEATH CERTIFICATE OF PENGAN CHATHAN ISSUED BY TRIPUNITHURA MUNICIPALITY DATED

28.08.2002 Exhibit P3 TRUE PHOTOSTAT COPY OF THE DEATH CERTIFICATE OF KURUMBA CHATHAN ISSUED BY TRIPUNITHURA MUNICIPALITY DATED

22.01.2022 Exhibit P4 TRUE PHOTOSTAT COPY OF THE RELATIONSHIP CERTIFICATE ISSUED BY THE VILLAGE OFFICER, NADAMA VILLAGE DATED

04.01.2023 Exhibit P5 TRUE PHOTOSTAT COPY OF RESURVEY SKETCH IN RESPECT OF THE PROPERTY Exhibit P6 TRUE PHOTOSTAT COPY OF THE ENCUMBRANCE CERTIFICATE IN RESPECT OF THE PROPERTY ISSUED BY THE REGISTRATION DEPARTMENT DATED 04.01.2023 Exhibit P7 TRUE PHOTOSTAT COPY OF THE BASIC TAX RECEIPT ISSUED BY NADAMA VILLAGE DATED

06.01.2023 Exhibit P8 TRUE PHOTOSTAT COPY OF THE APPLICATION DATED 09.01.2023 SUBMITTED UNDER RULE 43 OF THE KERALA SURVEY & BOUNDARIES, RULES, 1961 BEFORE THE 2ND RESPONDENT Exhibit P9 TRUE PHOTOSTAT COPY OF THE APPLICATION DATED 09.01.2023 SUBMITTED UNDER RULE 27 OF THE KERALA SURVEY & BOUNDARIES, RULES 1961 BEFORE THE 2ND RESPONDENT Exhibit P10 TRUE PHOTOSTAT COPY OF THE ACKNOWLEDGMENT CARD SIGNED BY THE 2ND RESPONDENT ON 11.01.2023