Kerala High Court
Mary Felicity George vs State Of Kerala on 31 May, 1982
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
TUESDAY, THE 10TH DAY OF JUNE 2014/20TH JYAISHTA, 1936
WP(C).NO. 14653 OF 2014 (F)
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PETITIONER(S):
--------------------------
1. MARY FELICITY GEORGE,
D/O.LATE GEORGE CHANDRASENAN &
MARY JAYAMATHI GEROGE, AGED 70 YEARS,
RESIDING IN T.C.NO.14/1376[7],
THODIYIL HOUSE/ST.JOSEPH'S PALACE,
PARIS ROAD RBI JN., PALAYAM, THYCAUD,
THIRUVANANTHAPURAM-695 033.
2. JOSEPH GEORGE,
S/O.LATE GEORGE CHANDRASENAN &
MARY JAYAMATHI GEORGE, AGED 65 YEARS,
RESIDING IN T.C.NO.14/1376[7],
THODIYIL HOUSE/ST.JOSEPH'S PALACE,
PARIS ROAD RBI JN., PALAYAM, THYCAUD,
THIRUVANANTHAPURAM-695 033.
BY ADVS.SRI.R.S.KALKURA,
SRI.M.S.KALESH,
SMT.A.V.PRIYA,
SRI.HARISH GOPINATH,
SRI.JOHNSON JOSE PANJIKKARAN,
SRI.SANIL KUNJACHAN.
RESPONDENT(S):
----------------------------
1. STATE OF KERALA,
REPRESENTED BY ITS CHIEF SECRETARY,
GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2. THE DIRECTOR,
DIRECTORATE OF SURVEY AND LAND RECORDS,
SURVEY BHAVAN, VAZHUTHACAUD. P.O.,
THIRUVANANTHAPURAM-695 014.
3. HEAD SUPERINTENDENT OF RE-SURVEY,
RE-SURVEY OFFICE, KARAMANA, PULIMOOD,
THIRUVANANTHAPURAM-695 002.
WP(C).NO. 14653 OF 2014 (F)
4. THE DISTRICT COLLECTOR,
COLLECTORATE OFFICE, KUDAPPANAKUNNU,
THIRUVANANTHAPURAM-695 043.
5. THE ADDITIONAL TAHSILDAR,
TALUK OFFICE, FORT,
THIRUVANANTHAPURAM-695 023.
6. CORPORATION OF TRIVANDRUM,
REPRESENTED BY ITS SECRETARY,
THIRUVANANTHAPURAM-695 033.
7. VILLAGE OFFICER,
THYCAUD VILLAGE, METTAKKADA ROAD JUNCTION,
THIRUVANANTHAPURAM-695 014.
8. TALUK SURVEYOR, TALUK OFFICE,
FORT, THIRUVANANTHAPURAM-695 023.
R1 TO R5, R7 & R8 BY SR. GOVT. PLEADER MR.JOSEPH GEORGE.
R6 BY ADV. SRI.P.K.MANOJKUMAR, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 10-06-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
rs.
WP(C).NO. 14653 OF 2014 (F)
APPENDIX
PETITIONER'S EXHIBITS:-
P1- TRUE COPY OF THE LETTER, SENT BY THE PETITIONERS'
LATE FATHER, TO THE 6TH RESPONDENT, DATED 31.05.1982.
P2A- TRUE COPY OF THE LAND-TAX RECEIPT DATED 27.11.2001 ISSUED TO
THE 1ST PETITIONER, IN RESPECT OF 33.524 CENTS OF PROPERTY,
FOR THE YEAR 2001-2002.
P2B- TRUE COPY OF THE LAND-TAX RECEIPT DATED 07.01.2003 ISSUED TO
THE 1ST PETITIONER, IN RESPECT OF 33.524 CENTS OF PROPERTY,
FOR THE YEAR 2002-2003.
P3A- TRUE COPY OF THE LAND-TAX RECEIPT DATED 27.11.2001 ISSUED TO
THE 2ND PETITIONER, IN RESPECT OF 10 CENTS OF PROPERTY, FOR
THE YEAR 2001-2002.
P3B- TRUE COPY OF THE LAND-TAX RECEIPT DATED 07.01.2003 ISSUED TO
THE 2ND PETITIONER, IN RESPECT OF 10 CENTS OF PROPERTY, FOR
THE YEAR 2002-2003.
P3C- TRUE COPY OF THE LAND-TAX RECEIPT DATED 13.05.2005 ISSUED TO
THE 2ND PETITIONER, IN RESPECT OF 10 CENTS OF PROPERTY, FOR
THE YEAR 2005-2006.
P3D- TRUE COPY OF THE LAND-TAX RECEIPT DATED 29.09.2006 ISSUED TO
THE 2ND PETITIONER, IN RESPECT OF 10 CENTS OF PROPERTY, FOR
THE YEAR 2006-2007.
P3E- TRUE COPY OF THE LAND-TAX RECEIPT DATED 07.12.2007 ISSUED TO
THE 2ND PETITIONER, IN RESPECT OF 10 CENTS OF PROPERTY, FOR
THE YEAR 2007-2008.
P4- CERTIFIED COPY OF SALE DEED NO.110/2005 DATED 07.01.2005 OF
CHALAI SRO.
P5A- TRUE COPY OF THE LAND-TAX RECEIPT DATED 13.05.2005, ISSUED TO
THE 1ST PETITIONER, IN RESPECT OF 20.206 CENTS [33.524 - 13.318]
FOR THE YEAR 2005-2006.
P5B- TRUE COPY OF THE LAND-TAX RECEIPT DATED 29.09.2006, ISSUED TO
THE 1ST PETITIONER, IN RESPECT OF 20.206 CENTS [33.524 - 13.318]
FOR THE YEAR 2006-2007.
P5C- TRUE COPY OF THE LAND-TAX RECEIPT DATED 07.12.2007, ISSUED TO
THE 1ST PETITIONER, IN RESPECT OF 20.206 CENTS [33.524 - 13.318]
FOR THE YEAR 2007-2008.
..........2/-
WP(C).NO. 14653 OF 2014 (F)
P6- TRUE COPY OF REPORT FILED BY THE ADVOCATE COMMISSIONER IN
O.S. 3685/1989 ON THE FILE OF THE MUNSIFF'S COURT,
THIRUVANANTHAPURAM, DATED 09.10.2003.
P7- TRUE COPY OF THE REPORT NO.514/2006, DATED 22.02.2006,
SUBMITTED BY THE VILLAGE OFFICE, THYCAUD, TO THE TALUK
OFFICE, IN RESPECT OF THE REVENUE-LIST OF SY.NOS.169 TO 174 OF
THYCAUD VILLAGE.
P8- A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE
1ST PETITIONER TO THE HEAD SURVEYOR, THIRUVANANTHAPURAM,
DATED 27.08.2006.
P9- TRUE COPY OF THE LETTER ISSUED BY THE REVENUE DIVISIONAL
OFFICER, THIRUVANANTHAPURAM, DATED 23.09.2006.
P10A- TRUE COPY OF THE COMPLAINT WITHOUT ITS ANNEXURES, SENT BY
THE 1ST PETITIONER TO THE 4TH RESPONDENT, DATED 02.06.2007.
P10B- A TRUE COPY OF RECEIPT NO.933/07, DATED 04.06.2007, ISSUED BY
THE OFFICE OF THE 4TH RESPONDENT.
P11- TRUE COPY OF THE PAKUTHI NO.6 IN RESPECT OF THE ENTIRE 74
CENTS, ISSUED BY THE 7TH RESPONDENT, DATED 14.09.1953.
P12A- TRUE COPY OF THE LITHO-MAP IN RESPECT OF THE ENTIRE AREA
INCLUDING THE PROPERTIES IN SY.NO.171/1 OF THYCAUD VILLAGE,
THIRUVANANTHAPURAM.
P12B- TRUE COPY OF THE POSSESSION CERTIFICATE NO.3937/2003,
DATED 11.08.2003, ISSUED BY THE 7TH RESPONDENT TO THE
1ST PETITIONER, IN RESPECT HER 33.524 CENTS OF PROPERTY
COMPRISED IN SY.NO.171/1-6 OF THYCAUD VILLAGE,
THIRUVANANTHAPURAM.
P12C- TRUE COPY OF THE LOCATION CERTIFICATE NO.3936/2003,
DATED 12.08.2003, ISSUED BY THE 7TH RESPONDENT TO THE
1ST PETITIONER, IN RESPECT HER 33.524 CENTS OF PROPERTY
COMPRISED IN SY.NO.171/1-6 OF THYCAUD VILLAGE,
THIRUVANANTHAPURAM.
P12D- TRUE COPY OF THE LOCATION SKETCH NO.3938/2003,
DATED 12.08.2003, ISSUED BY THE 7TH RESPONDENT TO THE
1ST PETITIONER, IN RESPECT HER 33.524 CENTS OF PROPERTY
COMPRISED IN SY.NO.171/1-6 OF THYCAUD VILLAGE,
THIRUVANANTHAPURAM.
P13- TRUE COPY OF THE RE-SURVEY MAP FOR BLOCK 13 OF
THYCAUD VILLAGE.
.........3/-
WP(C).NO. 14653 OF 2014 (F)
P14- TRUE COPY OF THE RELEVANT PAGES OF THE BASIC TAX REGISTER,
THYCAUD VILLAGE.
P15- TRUE COPY OF THE APPEAL DATED 06.03.2009 FILED BY THE
1ST PETITIONER BEFORE THE SURVEY ADALATH.
P16- TRUE COPY OF THE APPEAL DATED 04.03.2009 FILED BY THE
2ND PETITIONER BEFORE THE SURVEY ADALATH.
P17- TRUE COPY OF THE REPRESENTATIONDATED 23.06.2009, SENT BY
THE 1ST PETITIONER TO THE HON'BLE CHIEF MINISTER OF KERALA,
WITHOUT THE APPENDICES.
P18- TRUE COPY OF THE REPRESENTATIONDATED 03.05.2010, SENT BY
THE 1ST PETITIONER TO THE HON'BLE PRIME MINISTER OF INDIA,
WITHOUT THE APPENDICES.
P19- TRUE COPY OF THE LETTER NO.J1-47937/10 DATED 12.07.2010 OF THE
DISTRICT SURVEY SUPERINTENDENT, THIRUVANANTHAPURAM.
P20- TRUE COPY OF THE LETTER DATED 13.08.2010 SENT BY THE
1ST PETITIONER TO THE 4TH RESPONDENT.
P21- TRUE COPY OF THE LETTER SENT BY THE 2ND PETITIONER,
DATED 20.03.2012, TO THE 4TH RESPONDENT.
P22- TRUE COPY OF THE RECEIPT ISSUED BY THE 4TH RESPONDENT,
DATED 20.03.2012.
P23- TRUE COPY OF THE REPRESENTATIONDATED 18.05.2012, WITHOUT
ITS APPENDICES, SENT BY THE 1ST PETITIONER TO THE HON'BLE
PRIME MINISTER OF INDIA, DATED 18.05.2012, WITH COPY MARKED TO
THE 4TH RESPONDENT.
P24- TRUE COPY OF THE LETTER NO.9/3/2012-PMP4/397647,
DATED 14.06.2012, ISSUED BY THE PRIME MINISTER'S OFFICE TO
THE 1ST RESPONDENT.
P25- TRUE COPY OF THE LETTER NO.42876/E3/12/REVENUE,
DATED 11.07.2012, ISSUED BY THE 1ST RESPONDENT TO
THE 1ST PETITIONER.
P26- TRUE COPY OF THE NOTICE DATED 04.09.2011, BUT BEARING
POSTAL-SEAL DATED 07.09.2012, ISSUED BY THE 8TH RESPONDENT
TO THE 1ST PETITIONER.
P27- TRUE COPY OF THE TELEGRAM SENT BY THE 1ST PETITIONER,
DATED 11.09.2012.
P28- TRUE COPY OF THE NOTICE DATED 12.09.2012 ISSUED BY THE
8TH RESPONDENT.
..........4/-
WP(C).NO. 14653 OF 2014 (F)
P29- TRUE COPY OF THE LETTER NO.H3-22566/2012, DATED 22.10.2012,
ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER.
P30- TRUE COPY OF THE REPLYDATED 30.11.2012, SENT BY THE
1ST PETITIONER WITHOUT ITS APPENDICES.
P31- TRUE COPY OF THE LETTER NO.S4-60465/2012/LDIS, DATED 17.08.2012,
ISSUED BY THE 4TH RESPONDENT TO THE 6TH RESPONDENT.
P32- TRUE COPY OF THE LETTER NO.695100-09546, DATED 15.06.2012,
ISSUED BY THE OFFICE OF THE SENIOR SUPERINTENDENT OF POST
OFFICES, KERALA.
P33- TRUE COPY OF THE LETTER NO.LRM2-59580/12, DATED 03.11.2012,
ISSUED BY THE 5TH RESPONDENT.
P34- TRUE COPY OF THE LETTER NO.H.3.18625/2012 LDIS,
DATED 04.02.2013, ISSUED BY THE 2ND RESPONDENT TO THE
STATE COMMISSIONER FOR WELFARE OF DISABLED PERSONS.
P35- TRUE COPY OF THE LETTER NO.P.G.R.C-1033/07, DATED 26.07.2007,
ISSUED BY THE 4TH RESPONDENT TO THE 7TH RESPONDENT.
P36- TRUE COPY OF THE JUDGMENT DATED 22.10.2013 IN
WP(C).NO. 17815 OF 2013 OF THIS HON'BLE COURT.
P37- TRUE COPY OF THE LETTER DATED 25.11.2013 ALONG WITH THE
ENDORSEMENT OF ACKNOWLEDGMENT OF THE DOCUMENTS
REFERRED THEREIN BY THE 2ND RESPONDENT.
P38- TRUE COPY OF THE LETTER DATED 08.02.2014 ISSUED BY THE
PETITIONERS TO THE 2ND RESPONDENT.
P39- TRUE COPY OF THE LETTER DATED 13.02.2014 ISSUED BY THE
PETITIONERS TO THE 2ND RESPONDENT.
P40- TRUE COPY OF THE POSTAL ACKNOWLEDGMENT EVIDENCING
RECEIPT OF THE LETTER DATED 08.02.2014.
P41- TRUE COPY OF THE POSTAL ACKNOWLEDGMENT EVIDENCING
RECEIPT OF THE LETTER DATED 14.03.2014.
P42- TRUE COPY OF THE LETTER DATED 28.02.2014 ISSUED BY THE
2ND RESPONDENT.
P43- TRUE COPY OF THE COVER OF THE LETTER DATED 28.02.2014,
BEARING DATE OF POSTING AS 06.03.2014.
P44- TRUE COPY OF THE LETTER DATED 17.03.2014 ISSUED BY THE
5TH RESPONDENT TO THE 1ST PETITIONER IN THE ADDRESS OF
HER COUNSEL.
.........5/-
WP(C).NO. 14653 OF 2014 (F)
P45- THE TRUE COPY OF THE LIST OF DOCUMENTS SUBMITTED BY
THE 1ST PETITIONER BEFORE THE 5TH RESPONDENT.
P46- THE TRUE COPY OF THE ACKNOWLEDGMENT GIVEN TO THE
1ST PETITIONER ACKNOWLEDGING THE RECEIPT OF THE
DOCUMENTS COVERED BY EXHIBIT P45.
P47- TRUE COPY OF THE LETTER DATED 27.03.2014 SUBMITTED BY
THE 2ND PETITIONER BEFORE THE 5TH RESPONDENT.
P48- TRUE COPY OF THE LIST OF DOCUMENTS SUBMITTED BY
THE SECOND PETITIONER BEFORE THE 5TH RESPONDENT
FOR HIS CONSIDERATION.
P49- TRUE COPY OF THE E-MAIL SENT BY THE 2ND PETITIONER TO
THE 2ND RESPONDENT.
P50- TRUE COPY OF THE LETTER DATED 28.03.2014 ALONG WITH
THE ACKNOWLEDGMENT OF RECEIPT OF THE SAME GIVEN BY
THE 2ND RESPONDENT.
P51- TRUE COPY OF THE ORDER DATED 28.03.2014 ISSUED BY THE
2ND RESPONDENT TO THE PETITIONERS.
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.A. TO JUDGE
rs.
A.M.SHAFFIQUE, J
* * * * * * * * * * * * *
W.P.C.No.14653 of 2014
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Dated this the 10th day of June 2014
J U D G M E N T
Petitioners have approached this Court complaining about the inaction on the part of the respondent authority in considering Exts.P15 and P16 appeals as directed by this Court in Ext.P36 judgment. In fact, the issue had been pending over a period of time. As per the directions issued by this Court, on receiving notice from Additional Tahsildar, they submitted all the documents relating to their claim for correcting the re-survey particulars. But, suddenly on 28/03/2014 by virtue of Ext.P51 the appeals were rejected on the ground that they did not participate in the proceedings. This, according to the petitioners is gross violation of the principles of natural justice. Therefore, petitioners seek for quashing Ext.P51.
2. Having regard to the fact that the claims raised by the petitioners have undergone a lot of litigation especially W.P.C.No.14653/2014 2 in the light of the judgment at Ext.P36, I am of the view that an opportunity has to be granted to the petitioners to ventilate their grievance. The facts disclose that several documents were produced by the petitioners before the said authority. Hence a proper consideration of the appeals on merits was required other than a summary rejection of the clam in terms of Ext.P51.
Accordingly, this writ petition is disposed of as under:
i) Ext.P51 is set aside.
ii) There will be a direction to the 2nd respondent to consider Exts.P15 and P16 appeals and complete the proceedings within a period of three months from the date of receipt of a copy of this judgment after issuing notice to the petitioners and after hearing all the affected parties.
(A.M.SHAFFIQUE, JUDGE) jsr W.P.C.No.14653/2014 3