Kerala High Court
N. Balachandran vs The State Of Kerala on 1 September, 1971
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
WEDNESDAY, THE 15TH DAY OF JANUARY 2014/25TH POUSHA, 1935
WP(C).No. 31205 of 2013 (A)
----------------------------
PETITIONER:
--------------------
N. BALACHANDRAN,
S/O.LATE MECHUR VELAYUDHAN NAIR &
LATE NAGATH JANAKI AMMA, AGED 66 YEARS,
'ERADATH HOUSE', NEAR COMMUNITY HALL,
KODAKARA P.O., THRISSUR DISTRICT, PIN - 680 684.
BY ADVS.SRI.SANTHEEP ANKARATH,
SRI.ARUN MATHEW VADAKKAN.
RESPONDENTS:
------------------------
1. THE STATE OF KERALA,
REPRESENTED BY ITS CHIEF SECRETARY,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2. PRINCIPAL SECRETARY,
DEPARTMENT OF REVENUE, GOVERNMENT OF KERALA,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
3. DISTRICT COLLECTOR, THRISSUR,
CIVIL LANE, AYYANTHOLE P.O., THRISSUR DISTRICT - 680 003.
4. SUPERINTENDENT OF SURVEY AND LAND RECORDS,
CIVIL LANE, AYYANTHOLE P.O., THRISSUR DISTRICT-680 003.
5. TAHSILDAR, TALUK OFFICE, MUKUNDAPURAM TALUK,
IRINJALAKUDA NORTH P.O., THRISSUR DISTRICT-680 125.
6. TALUK SURVEYOR, MUKUNDAPURAM TALUK,
IRINJALAKUDA NORTH P.O., THRISSUR DISTRICT-680 125.
7. VILLAGE OFFICER, THRIKKUR VILLAGE, THRISSUR - 680 306.
8. ADDITIONAL TAHSILDAR, TALUK OFFICE,
MUKUNDAPURAM TALUK, IRINJALAKUDA NORTH P.O.,
THRISSUR DISTRICT- 680 125.
BY SR. GOVT.PLEADER MR.JOSEPH GEORGE.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 15-01-2014, ALONG WITH WP(C). NO.31206 OF 2013 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
rs.
WP(C).No. 31205 of 2013 (A)
APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT P1 : CERTIFIED COPY OF DOC.NO. 2360/1971 DATED 01.09.1971 OF
SRO, NELLAYI.
EXHIBIT P2 : CERTIFIED COPY OF DOC.NO.2798/1967 DATED 22.09.1967 OF
SRO, NELLAYI.
EXHIBIT P3 : CERTIFIED COPY OF DOC.NO.2515/1956 DATED 20.09.1956 OF
SRO, NELLAYI.
EXHIBIT P4 : CERTIFIED COPY OF DOC.NO.2509/1956 DATED 20.09.1956 OF
SRO, NELLAYI.
EXHIBIT P5 : CERTIFIED COPY OF DOC.NO.386/1951 OF SRO, NELLAYI.
EXHIBIT P6 : CERTIFIED COPY OF THE ASSIGNMENT DEED EXECUTED BY
VELAYUDHAN NAIR IN FAVOUR OF HIS WIFE AND CHILDREN
AND NUMBERED AS 2754/1971 DATED 13.10.1971 OF SRO,
NELLAYI.
EXHIBIT P7 : TRUE COPY OF THE PURCHASE CERTIFICATE
DATED 13.05.1977 AND NUMBERED AS 495/1977 ISSUED BY
SPECIAL TAHSILDAR (LR) IV & ADDITIONAL LAND TRIBUNAL,
THRISSUR.
EXHIBIT P8 : TRUE COPY OF PARTITION DEED NO.1412/1/2013
DATED 22.03.2013 OF SRO, NELLAYI WITH THE RELEVANT
PAGE OF THE SCHEDULE CONCERNING THE PETITIONER.
EXHIBIT P9 : TRUE COPY OF ENCUMBRANCE CERTIFICATE NO.4790/13
DATED 26.03.2013.
EXHIBIT P10 : TRUE COPY OF BASIC TAX RECEIPT NO.6506103
DATED 16.04.2013 ISSUED BY VILLAGE OFFICER,
THRIKKUR VILLAGE.
EXHIBIT P11 : TRUE COPY OF POSSESSION CERTIFICATE NO.2134/13
DATED NIL ISSUED BY VILLAGE OFFICER, THRIKKUR.
EXHIBIT P12 : TRUE COPY OF THE APPLICATION IN FORM NO.8 OF SURVEY
AND BOUNDARIES RULES, 1964 ALONG WITH A COVERING
LETTER REQUESTING FOR SURVEY OF THE PROPERTIES AND
DATED 14.05.2013.
EXHIBIT P13 : TRUE COPY OF JUDGMENT DATED 13.08.2013 IN
WP(C) NO.19799/2013 PASSED BY THIS HON'BLE COURT.
EXHIBIT P14 : TRUE COPY OF NOTICE DATED 09.10.2013 ISSUED BY
THE 6TH RESPONDENT.
EXHIBIT P15 : TRUE COPY OF QUESTIONNAIRE DATED 25.10.2013 SUBMITTED
BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT.
2/-..........
WP(C).No. 31205 of 2013 (A)
EXHIBIT P16 : TRUE COPY OF LETTER DATED 20.11.2013 ISSUED BY
ADDITIONAL TAHSILDAR, MUKUNDAPURAM TALUK TO THE
PETITIONER.
EXHIBIT P17 : TRUE COPY OF REPORT DATED 05.11.2013 OF THE
6TH RESPONDENT.
EXHIBIT P18 : TRUE COPY OF THE REPLYTO EXHIBIT P15 DATED 25.11.2013
ISSUED TO THE PETITIONER UNDER RIGHT TO INFORMATION
ACT.
EXHIBIT P19 : TRUE COPY OF LETTER DATED 25.11.2013 FROM ADDITIONAL
TAHSILDAR TO THE ADVOCATE GENERAL.
EXHIBIT P20 : TRUE COPY OF QUESTIONNAIRE SUBMITTED BY THE
PETITIONER DATED 25.10.2013 UNDER RIGHT TO INFORMATION
ACT.
EXHIBIT P21A TRUE COPY OF BASIC TAX REGISTER CONCERNING THE
PROPERTIES IN SY.NO.275/1 OF THRIKKUR VILLAGE.
EXHIBIT P21B TRUE COPY OF BASIC TAX REGISTER CONCERNING THE
PROPERTIES IN SY.NO.275/2 OF THRIKKUR VILLAGE.
EXHIBIT P21C TRUE COPY OF BASIC TAX REGISTER CONCERNING THE
PROPERTIES IN SY.NO.275/3 OF THRIKKUR VILLAGE.
EXHIBIT P21D TRUE COPY OF BASIC TAX REGISTER CONCERNING THE
PROPERTIES IN SY.NO.275/4 OF THRIKKUR VILLAGE.
EXHIBIT P22 : TRUE COPY OF THE SURVEY AND SETTLEMENT REGISTER
CONCERNING PROPERTIES IN SY.NOS.275/1 AND 275/2 OF
THRIKKUR VILLAGE.
EXHIBIT P23 : CERTIFIED COPY OF DOC.NO.276/1095 M.E. EXECUTED IN
FAVOUR OF LAKSHMI, PREDECESSOR-IN-INTEREST OF THE
PETITIONER.
EXHIBIT P24 : CERTIFIED COPY OF DOC.NO.1252/1103 DATED 7TH DAYOF
DHANU OF 1103 M.E.
EXHIBIT P25A TRUE COPY OF BASIC TAX RECEIPT DATED 07.03.1975 ISSUED
BY VILLAGE OFFICER, THRIKKUR VILLAGE.
EXHIBIT P25B TRUE COPY OF BASIC TAX RECEIPT DATED 10.01.1976 ISSUED
BY VILLAGE OFFICER, THRIKKUR VILLAGE.
EXHIBIT P25C TRUE COPY OF BASIC TAX RECEIPT DATED 11.01.1977 ISSUED
BY VILLAGE OFFICER, THRIKKUR VILLAGE.
EXHIBIT P25D TRUE COPY OF BASIC TAX RECEIPT DATED 13.07.1978 ISSUED
BY VILLAGE OFFICER, THRIKKUR VILLAGE.
EXHIBIT P25E TRUE COPY OF BASIC BASIC TAX RECEIPT DATED 20.02.1980
ISSUED BY VILLAGE OFFICER, THRIKKUR VILLAGE.
3/-.........
WP(C).No. 31205 of 2013 (A)
EXHIBIT P25F TRUE COPY OF BASIC TAX RECEIPT DATED 31.12.2012 ISSUED
BY VILLAGE OFFICER, THRIKKUR.
EXHIBIT P26 : CERTIFIED COPY OF THE PARTITION DEED DATED 14.06.1974
BETWEEN MEMBERS OF OTHER THAVAZHI OF PETITIONER'S
FAMILY.
EXHIBIT P27 : CERTIFIED COPY OF SALE DEED NO.350/1995 DATED 16.01.1995
OF SRO, NELLAYI.
EXHIBIT P28 : TRUE COPY OF THE RELEVANT PAGE OF THE FIELD
MEASUREMENT BOOK SHOWING FIELD NO.275 OF
THRIKKUR VILLAGE.
EXHIBIT P29 : TRUE COPY OF THE APPLICATION DATED 03/12/2013
SUBMITTED BY THE PETITIONER BEFORE THE STATE
PUBLIC INFORMATION OFFICER & THE ADDITIONAL
TAHSILDAR, MUKUNDAPURAM TALUK.
EXHIBIT P30 : TRUE COPY OF THE REPLYTO EXT.P29 DATED 10/12/2013.
EXHIBIT P31 : TRUE COPY OF THE REPLYDATED 23/12/2013 TO
EXT.P20.
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.A. TO JUDGE
rs.
P.R.RAMACHANDRA MENON, J.
- - - - - - - - - - - - - - - - - - - - -
W.P.(c) Nos.31205, 31206, 31207,
31379, 31380 OF 2013
- - - - - - - - - - - - - - - - - - - - - - - - - -
Dated this the 15th day of January, 2014
JUDGMENT
The petitioners are the owners of the property concerned in the concerned survey numbers set apart as per the different schedules to Ext.P8 partition deed dated 22.3.2013 of the SRO, Nellay. As a matter of fact, these properties were originally comprised in 'Sy.No.275/2' covered by various title deeds, copies of which have been produced as Exts.P1 to P6. After effecting the partition, when the petitioners approached the concerned respondents for the purpose of measuring the property and to have separate identity for the purpose of effecting mutation and satisfying tax, they were served with Ext.P16/P17 stating that their property is situated in 'Sy.No.275/4' and that they had to approach the concerned Registrar for effecting necessary correction in the title deeds so as to accede to their request. This made the petitioners to approach this Court by filing these writ petitions. W.P.(C)No.31205/2013 & connected cases 2
2. The learned counsel for the petitioners submits that the sub- division effected subsequently showing the concerned survey number as '275/4' cannot adversely affect the rights and interests of the petitioners in any manner, in so far as the property was originally comprised in 'Sy.No.275/2' and it is the very same property that was conveyed to the petitioners as per the partition deed. It is not brought on record as to how and when the sub-division 275/4 has come into existence and it is contended that, it is not pursuant to any notice or proceeding issued to the petitioners. The learned counsel further points out that, in so far as the property was originally comprised in Sy.No.275/2 covered by the relevant title deeds, even if further sub- division is brought into existence later and the petitioners' property is stated as shifted to the sub division '275/4', the petitioners cannot be found fault with and they cannot be compelled to effect corrections in the relevant title deeds. Reliance is also sought to be placed on the additional documents produced as Exts.P29 to 31 produced by the petitioners ( procured by resorting to the remedy under the RTI Act), W.P.(C)No.31205/2013 & connected cases 3 which according to the petitioners stand in their favour as to the actual extent comprised in Sy.No.275/2 and the extent which can be considered to be dealt with under Sub Division 275/4. The facts and figures in this regard actually tally with the version put forth by the petitioners and as such, the stand taken by the concerned respondent as per Ext.P16/P17 is not correct or sustainable and is liable to be intercepted.
3. Heard the learned Government Pleader as well, who submits that the petitioners have already approached the fourth respondent by filing Ext.P12 for causing proper measurement of the property with reference to the actual records and that the fourth respondent is ready to carry out the operations, which in turn will solve the issue once and for all.
4. In the said circumstances, the writ petitions are disposed of, directing the fourth respondent to finalise the proceedings, forming the subject matter of Ext.P12 with reference to the relevant revenue records and also with reference to the relevant documents produced by W.P.(C)No.31205/2013 & connected cases 4 the petitioners in the writ petitions, including the additional documents. The proceedings as above shall be finalised with notice to the petitioners and other interested parties, if any, at the earliest, at any rate, within 'three months' from the date of receipt of a copy of this judgment.
The petitioners shall produce a copy of this judgment along with a copy of the writ petition before the fourth respondent for further steps.
sv P.R.RAMACHANDRA MENON
JUDGE
The word 'fourth' occurring in the third, fourth and last paragraphs of the common judgment dated 15/01/2014 in W.P.(C)No.31205/2013 and connected cases is corrected and substituted as 'fifth', vide order dated 13/02/2014 in I.A.2196/2014 in W.P.(C)No. 31205/2013, I.A.No.2191/2014 in W.P.(C)No. 31206/2013, I.A.No.2204/2014 in W.P.(C)No. 31207/2013, I.A.No.2197/2014 in W.P.(C)No. 31380/2013 and I.A.No.2198/2014 in W.P. (C)No. 31379/2013.
sd/-
Registrar ( Judicial)