Kerala High Court
Thulasi G.Nair vs The District Collector on 15 October, 2018
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
MONDAY ,THE 15TH DAY OF OCTOBER 2018 / 23RD ASWINA, 1940
WP(C).No. 16138 of 2018
PETITIONER/S:
THULASI G.NAIR
S/O. LATE GOPALAN NAIR, AGED 65
YEARS,THUVARACHIRAKKAKUDI PUTHEN PURAYIL,THENGODE KARA,
KAKKANAD VILLAGE,ERNAKULAM DISTRICT.
BY ADV. SRI.B.MOHANLAL
RESPONDENT/S:
1 THE DISTRICT COLLECTOR
COLLECTORATE, KAKKANAD P.O.,
ERNAKULAM-682 030.
2 THE TAHASILDAR (LAND RECORDS)
KANAYANNUR TALK, ERNAKULAM,682 030.
3 THE TALUK SURVEYOR
OFFICE OF THE TAHASILDAR (LAND RECORDS),KANAYANNUR
TALK, ERNAKULAM 682011
4 THE VILLAGE OFFICER
KAKKANAD VILLAGE, KAKKANAD P.O.,
ERNAKULAM
DISTRICT-682011.
5 SMT. MAHILA MANI
W/O. LATE PARAMESWARAN NAIR,THUVARA VEEDU, THENGODE
KARA,KAKKANAD VILLAGE, KAKKANAD P.O.,ERNAKULAM,
682 030.
6 SRI. BALACHANDRAN
S/O. LATE GOPALAN NAIR,THUVARA VEEDU, THENGODE
KARA,KAKKANAD VILLAGE, KAKKANAD P.O.,
ERNAKULAM, 682 030.
W.P.(C).No. 16138/18 2
7 SRI.REGHUNATHAN
S/O. LATE GOPALAN NAIR,THUVARA VEEDU, THENGODE
KARA,KAKKANAD VILLAGE, KAKKANAD P.O.,
ERNAKULAM, 682 030.
8 SMT. SATHIDEVI
S/O. LATE GOPALAN NAIR,THUVARA VEEDU, THENGODE
KARA,KAKKANAD VILLAGE, KAKKANAD P.O.,
ERNAKULAM, 682 030.
BY ADV. SRI.SREELAL N.WARRIER FOR R5 TO R8
OTHER PRESENT:
SMT.A.C.VIDHYA, GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.10.2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No. 16138/18 3
ALEXANDER THOMAS, J.
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W.P.(C).No. 16138 of 2018
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Dated this the 15th day of October, 2018
JUDGMENT
The prayers in this Writ Petition (Civil) are as follows:
"(i) To issue a writ of mandamus or any other appropriate writ, order or direction commanding the Respondents 1 to 4 to rectify the mistake in the Re-Survey records in respect of 10 Cents of property comprised in Re-Sy.No:264 of Kakkanad Village of the Petitioner and his brother Sri.Radhakrishnan obtained by virtue of Succession from their late father Sri.Gopalan Nair under Section 4 and 13A of Survey and Boundaries Act within a stipulated time as directed by this Hon'ble Court and to effect mutation of the property and to accept tax in respect of the entire property from the Petitioner and his brother Sri.Radhakrishnan.
(ii) To issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2nd Respondent to consider and dispose of Ext.P4 and P5 within a stipulated time as directed by this Hon'ble Court and to rectify the mistake in the Re-Survey records in respect of 10 Cents of property comprised in Re-Sy. No:264 of Kakkanad Village of the Petitioner and his brother Sri.Radhakrishnen obtained by virtue of Succession from their late father Sri.Gopalan Nair under Section 4 and 13A of Survey and Boundaries Act and to effect mutation of the property and to accept tax in respect of the entire property from the Petitioner and his brother Sri.Radhakrishnan
(iii) To declare that the Petitioner and his brother Sri.Radhakrishnan are entitled to get rectify the mistake in the Re-Survey Records in respect of 10 Cents of property comprised in Re-Sy.No:264 of Kakkanad village of the Petitioner and his brother Sri.Radhakrishnan obtained by virtue of Succession from their late father Sri.Gopalan Nair under Section 4 and 13A of Survey and Boundaries Act and to effect mutation of the property and to accept tax in respect of the entire property from the Petitioner and his brother Sri.Radhakrishnarn
(iv) To issue such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case"
2. Heard Sri.B.Mohan Lal, learned counsel appearing for the petitioner, Smt.A.C.Vidhya, learned Govt. Pleader appearing for W.P.(C).No. 16138/18 4 official respondents 1 to 4 and Sri.Sreelal M.Warrior, learned counsel appearing for contesting respondents 5 to 8.
3. According to the petitioner, he and his brother, one Sri.Radhakrishan, are having absolute title, possession and enjoyment of 10 cents of property and 2.32 Ares of property comprised in Re-survey No.264 in block No.7 of Kakkanadu village, Kanayannur Taluk, Ernakulam revenue district, on the basis of succession from their deceased father, Sri.Gopalan Nair, after his death, it is averred. According to the petitioner, official respondents 1 to 4 had conducted resurvey without any notice to the petitioner and had wrongly effected mutation of 10 cents of property in favour of contesting respondents 5 to 8, it is alleged. Aggrieved by the said mistake committed in the resurvey process, the petitioner had submitted Exts.P4 and P-5 applications before respondents 1 and 2 to rectify the said mistake in the resurvey records. The petitioner would aver that he is still in possession and enjoyment of the entire 10 cents of property and 2.39 Ares of property. It is further contended that by virtue of provisions contained in Sec. 4 and Sec. 13A of the Survey and Boundaries Act, 1961 and Rule 27 of the Survey & Boundary Rules, respondents 1 to 4, are the statutory authorities to rectify such mistakes. That no effective further action is forthcoming W.P.(C).No. 16138/18 5 from respondents 1 to 4. It is in the light of these factual averments, that the petitioner has filed the instant Writ Petition (Civil) with the aforementioned prayers.
4. Taking into account the facts and circumstances of this case, it is ordered in the interest of justice that the 1 st respondent District Collector will take up the plea made by the petitioner in Ext.P-4 revision petition without much delay and will ensure the conduct of a survey, measurement and identification of the properties of the petitioner's property with the aid and assistance of the 3 rd respondent Taluk Surveyor, after due prior notice to the petitioner and contesting respondents 5 to 8. It shall be ensured that copies of the report of the 3rd respondent Taluk Surveyor on the outcome of the survey, measurement and demarcation of the boundaries of the petitioner's property along with copy of the survey sketch are served to the petitioner and his brother and respondents 5 to 8. The abovesaid survey, measurement and demarcation of the boundaries of the abovesaid property should be effected after considering the title deeds, old survey records, etc. of the petitioner as well as the title deeds and other relevant records of respondents 5 to 8 so as to ascertain the correctness of the factual submission of the petitioner that there has been mistake in the resurvey in effecting mutation of W.P.(C).No. 16138/18 6 the said 10 cents of land in favour of respondents 5 to 8, etc. Thereafter, the 1st respondent will afford a reasonable opportunity of being heard to the petitioner, his brother and respondents 5 to 8 and then will pass final orders on Ext.P-4 revision petition without much delay. The entire process in this regard should be duly completed by the 1st respondent District Collector within an outer time limit of 4 months from the date of production of a certified copy of this judgment.
With these observations and directions, the above Writ Petition (Civil) stands finally disposed of.
Sd/-
sdk+ ALEXANDER THOMAS, JUDGE
W.P.(C).No. 16138/18 7
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE PARTITION DEED NO. 1642/2007
OF THRIKKAKARA SUB REGISTRY ENTERED INTO BETWEEN THE PETITIONER AND HIS BROTHER SRI. RADHAKRISHNAN. EXHIBIT P2 THE TRUE COPY OF THE TAX RECEIPT ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER IN RESPECT OF 1.72 AND 2.32 ARES OF PROPERTY FOR THE YEAR 2014-2015.
EXHIBIT P3 THE TRUE COPY OF THE TAX RECEIPT ISSUED BY THE 4TH RESPONDENT FOR THE PERIOD 2018-2019 IN RESPECT OF THE PROPERTY OF THE PETITIONER.
EXHIBIT P4 THE TRUE COPY OF THE APPLICATION IN FILE NO.
15590/17/SI BEFORE THE 2ND RESPONDENT.
EXHIBIT P5 THE TRUE COPY OF THE APPLICATION DATED 02/05/2018 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT UNDER SECTION 13(A) OF THE SURVEY AND BOUNDARIES ACT.