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2025 Supreme(Online)(Ker) 46775
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
JAGADAMBIKA M.S – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 37569 OF 2025
For the Appellants/Petitioners: SHRI.REGINALD VALSALAN, SMT.ANN MARIA FRANCIS
For the Respondents: ADV.AJIT JOY, ADV.DEEPA NARAYANAN, ADV.SUMAN CHAKRAVARTHY, ADV.B.PREMOD, ADV.GEORGIE JOHNY, ADV.JUSTINE JACOB
Court affirmed the authority of the Tahsildar to measure property as per the Kerala Survey and Boundaries Act.
Headnote:The petitioner claims title to 3.83 ares of land, alleging unlawful encroachment by respondents and seeks action on a previous application for property measurement under the Kerala Survey and Boundaries Act, 1964. The court directed the Tahsildar to act on this application within two months, confirming the necessity for adherence to the law in land measurement matters. The final ruling is that the writ petition is disposed of in line with the court’s directive.
| Table of Content |
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| 1. claim of title and encroachment. (Para 1) |
| 2. court's directive to tahsildar. (Para 2) |
J U D G M E N T
Dated this the 13th day of October, 2025 Petitioner claims title to 3.83 ares of land in Vattiyoorkavu Village. Petitioner alleges unlawful encroachment at the hands of respondents 1 to 7. Instead of recovering the encroached land, water and electric lines are now sought to be drawn through the property of the petitioner. In such circumstances, petitioner filed an application in Form-10 of the Kerala Survey and Boundaries Act , 1964, seeking measurement of her property. The same is not being acted upon, is the short grievance of the petitioner.
2. Having heard the learned counsel for the petitioner and the learned Government Pleader, this Court directs the 3rd respondent/Tahsildar to consider and act upon Ext.P9 application in Form-10 and to take necessary action in accordance with law, expeditiously, at any rate within a period of two months from the date of receipt of a copy of this judgment. The petitioner will produce a copy of the judgment before the 3rd respondent, for compliance. The Writ Petition (Civil) is disposed of as above.
