Kerala High Court
P.A. Rajan vs District Collector on 13 February, 2025
Author: T.R.Ravi
Bench: T.R.Ravi
WP(C) NO.5842 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 13TH DAY OF FEBRUARY 2025 / 24TH MAGHA, 1946
WP(C) NO. 5842 OF 2025
PETITIONER:
P.A. RAJAN
AGED 69 YEARS, S/O. LATE P.M. ALEXANDER,
PUNTHALA HOUSE, AYYAMKOICKAL MURI,
ERATHU VILLAGE, VADAKEDATHUKAVU POST,
ADOOR TALUK, PATHANAMTHITTA, PIN - 691 526.
BY ADVS.
SRI. JACOB P.ALEX
SRI. JOSEPH P.ALEX
SRI. MANU SANKAR P.
SRI. AMAL AMIR ALI
RESPONDENTS:
1 DISTRICT COLLECTOR
CIVIL STATION, PATHANAMTHITTA, PIN - 689 645.
2 DEPUTY COLLECTOR
COLLECTORATE, CIVIL STATION,
PATHANAMTHITTA, PIN - 689 645.
3 TAHSILDAR (LAND RECORDS)
TALUK OFFICE, ADOOR,
PATHANAMTHITTA, PIN - 691 523.
4 VILLAGE OFFICER
VILLAGE OFFICE, ADOOR,
PATHANAMTHITTA, PIN - 691 523.
5 DEPUTY DIRECTOR OF SURVEY
CIVIL STATION, PATHANAMTHITTA,
PIN - 689 645.
WP(C) NO.5842 OF 2025
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6 HEAD SURVEYOR
OFFICE OF THE DEPUTY DIRECTOR OF SURVEY,
CIVIL STATION, PATHANAMTHITTA, PIN - 689 645.
7 TALUK SURVEYOR
TALUK OFFICE, ADOOR, PATHANAMTHITTA,
PIN - 691 523.
8 EXECUTIVE ENGINEER (ROADS)
PWD ROADS DIVISION, NEAR COLLECTORATE,
PATHANAMTHITTA, PIN - 689 645.
9 ASST. EXECUTIVE ENGINEER
PWD ROADS SUB DIVISION, ADOOR,
PATHANAMTHITTA, PIN - 691 523.
BY ADV
SMT. DEVISHREE. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.02.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.5842 OF 2025
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T.R. RAVI, J.
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W.P.(C). No. 5842 of 2025
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Dated this the 13th day of February, 2025
JUDGMENT
The prayer in this writ petition is for a direction to the 1 st respondent to consider Ext.P15 representation and to take a decision thereon, after hearing the petitioner.
2. A revision under Section 13A of the Kerala Survey and Boundaries Act, 1961 preferred by the petitioner is pending consideration before the 1st respondent. The grievance of the petitioner is that though a report was called for, a report has been submitted by reference only to the resurvey records and without reference to the old survey records. According to the petitioner, such a report could not give the true state of affairs since the case of the petitioner is that there is a mistake in the resurvey. It is for that purpose Ext.P15 representation has been filed by the petitioner. As far as the Ext.P4 revision is concerned, there is already a direction in judgment dated 6.9.2024 (Ext.P5) to dispose of the revision.
WP(C) NO.5842 OF 2025 4 2025:KER:12750 In the above circumstances, this writ petition is disposed of directing the 1st respondent to consider Ext.P15 application also at the time of considering Section 13A revision and issue necessary directions, calling for a report with due reference to the old survey records also, so that there will be a quietus to the whole issue. Status quo as on today shall be maintained till Ext.P4 revision petition is disposed of.
Sd/-
T.R. RAVI, JUDGE S.M.K. WP(C) NO.5842 OF 2025 5 2025:KER:12750 APPENDIX OF WP(C) 5842/2025 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT NO. 66 DATED 02.01.1996 ISSUED FROM VILLAGE OFFICE, ADOOR EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT NO.
KL03010104566/2024 DATED 14.05.2024 ISSUED FROM VILLAGE OFFICE, ADOOR EXHIBIT P3 TRUE COPY OF THE SKETCH PREPARED AFTER SURVEY MEASUREMENT OF THE PROPERTY OF PETITIONER (UNDATED) EXHIBIT P4 TRUE COPY OF THE REVISION APPLICATION DATED 30.08.2024 ALONG WITH LIST OF DOCUMENTS SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR, PATHANAMTHITTA EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 06.09.2024 IN WPC NO. 31585 OF 2024 BEFORE THIS HON'BLE COURT EXHIBIT P6 TRUE COPY OF THE NOTICE DATED 14.10.2024 ISSUED BY THE 2ND RESPONDENT EXHIBIT P7 TRUE COPY OF THE LIST OF DOCUMENTS DATED 30.10.2024 SUBMITTED BY THE PETITIONER IN EXHIBIT P6 PROCEEDINGS EXHIBIT P8 TRUE COPY OF THE STATEMENT DATED 30.10.2024 OF THE PETITIONER RECORDED IN PROCEEDINGS NO. C3/4071/24 EXHIBIT P9 TRUE COPY OF THE NOTICE DATED 05.11.2024 ISSUED BY THE 2ND RESPONDENT EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED 06.11.2024 SUBMITTED BEFORE THE 1ST RESPONDENT WP(C) NO.5842 OF 2025 6 2025:KER:12750 EXHIBIT P11 TRUE COPY OF THE OBJECTION DATED 22.11.2024 SUBMITTED BY THE PETITIONER BEFORE THE TAHSILDAR, ADOOR, WITH COPY TO THE DISTRICT COLLECTOR EXHIBIT P12 TRUE COPY OF THE APPLICATION DATED 22.11.2024 SUBMITTED BY THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT EXHIBIT P12(A) TRUE COPY OF THE SURVEY REPORT BEARING PROCEEDINGS NO. DCPTA 4071/24/C3 DATED 25.11.2024 EXHIBIT P12(B) TRUE COPY OF THE RTI REPLY DATED 04.12.2024 ISSUED TO THE PETITIONER EXHIBIT P13 TRUE COPY OF THE OBJECTION DATED 26.11.2024 BEFORE THE 1ST RESPONDENT EXHIBIT P14 TRUE COPY OF THE NOTICE DATED 03.01.2025 IN FORM NO. 12 FROM THE TALUK SURVEYOR EXHIBIT P15 TRUE COPY OF THE APPLICATION DATED 22.01.2025 BEFORE THE 1ST RESPONDENT DISTRICT COLLECTOR