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2026 Supreme(Online)(Ker) 4841
IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R. RAVI, J
ASOK FRANCIS – Appellant
Versus
RAJU SEBASTIAN – Respondent
OP(C) NO. 932 OF 2024
For the Appellants/Petitioners: SHRI.ABRAHAM K.JOHN, SMT.UTHARA ASOKAN
For the Respondents: SHRI.N.RAJESH, SHRI.GOPAKUMAR P., SMT.ANAINA VARGHESE
The court emphasized that the appointment of a Taluk Surveyor is necessary when public officials are unavailable, ensuring adherence to procedural mandates.
Headnote:The original petition seeks to set aside proceedings that appointed a private surveyor due to the unavailability of government officers during elections. The court found no valid reason to justify the continued appointment of a private surveyor and decided to allow the original petition. The order to hire a Taluk Surveyor instead was issued. The court allowed the original petition and set aside the appointment of the private surveyor to assist the Advocate Commissioner.
JUDGMENT
The original petition has been filed seeking to set aside Ext.P2 proceedings dated 21.03.2024 appointing Sri.K.D.Sabu, a private surveyor to assist the Advocate Commissioner to measure the plaint schedule properties instead of a Taluk Surveyor. The reason stated for rejecting the request for appointing a Taluk Surveyor is that due to the upcoming elections, the Officers are not available. The said reason on longer survives. In the above circumstances, I do not find any reason not to allow this original petition.
This original petition is allowed. Ext.P2 to the extent it appoints Sri.K.D.Sabu, private surveyor to assist the Advocate Commissioner is set aside. The court below is directed to appoint a Taluk Surveyor instead of a private surveyor to assist the Advocate Commissioner and call for a report.
Sd/-
T.R. RAVI JUDGE
