IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944
WP(C) NO. 13143 OF 2022
PETITIONER:
DEVASSY P.D.
AGED 80 YEARS
S/O. OUSEPH DEVASSY, INCHIKKA PALATTY HOUSE,
EZHATTUMUGHAM P.O., ANGAMALY,
ERNAKULAM DISTRICT-683577.
BY ADVS.
T.T.MUHAMOOD
A.RENJIT
V.E.ABDUL GAFOOR
A.MOHAMMED SAVAD
NAZEER HUZAIN.H
T.R.VISHNU
RESPONDENTS:
1 STATE OF KERALA
REP. BY THE SECRETARY TO GOVERNMENT, REVENUE
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE DISTRICT COLLECTOR,
COLLECTORATE, CIVIL STATION, ERNAKULAM, PIN-682030.
3 THE DIRECTOR,
DIRECTORATE OF SURVEY AND LAND RECORDS, DEPARTMENT OF
SURVEY AND LAND RECORDS, THIRUVANANTHAPURAM-695004.
4 THE DISTRICT SURVEY SUPERINTENDENT,
COLLECTORATE, CIVIL STATION, ERNAKULAM, PIN-682030.
5 THE THAHASILDAR,
TALUK OFFICE, ALUVA, ERNAKULAM-683101.
6 THE THAHASILDAR,
TALUK OFFICE, KUNNATHUNAD-683561.
7 THE VILLAGE OFFICER,
OFFICE OF THE VILLAGE, AYYAMPUZHA, ERNAKULAM-683581.
SMT. MABLE C. KURIAN-SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13143 OF 2022 2
JUDGMENT
The petitioner seeks that certain errors in the resurvey records be corrected and says that, for such purpose, he has already preferred Exts.P3 an P4 representations before the District Collector and the Government of Kerala respectively. He alleges that in spite of the representations having been received by the competent Authorities, they have taken no action thereon and therefore, prays that it be directed to be done within a time frame to be fixed by this Court.
2. The afore submissions of Shri.T.T.Muhamood - learned counsel for the petitioner, were answered by Smt.Mable C.Kurian - learned Senior Government Pleader, saying that neither Ext.P3 nor Ext.P4 have been preferred by the petitioner before the competent Authority. She added that even going by the averments in the writ petition, the petitioner is aware that such an application ought to have been preferred before the jurisdictional Tahsildar (Land Records), under the provisions of Section 13A of the Survey and Boundaries Act ('the Act' for short). She prayed that since the said Authority has not been arrayed as a party in this case, no further orders be issued. WP(C) NO. 13143 OF 2022 3
3. I have considered the afore submissions and I find complete favour with the afore contentions of the learned Senior Government Pleader because, any application under Section 13A of the Act could have been preferred by the petitioner only before the jurisdictional Tahsildar (Land Records), since he is the Authority vested with jurisdiction to consider the same.
In the afore circumstances, I order this writ petition to the limited extent of leaving liberty to the petitioner to approach the jurisdictional Tahsildar (Land Records) with an appropriate application under Section 13A of the Act; and if this is done within a period of one month from the date of receipt of a copy of this judgment, the same shall be considered after affording necessary opportunity of being heard to the petitioner and after adverting to all documents that he may produce; thus culminating in an appropriate order and necessary action thereon as expeditiously as is possible, but not later than two months from the date on which such an application is received.
Sd/-
DEVAN RAMACHANDRAN JUDGE MC/26.5 WP(C) NO. 13143 OF 2022 4 APPENDIX OF WP(C) 13143/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF GO(MS) NO.607/66/AGRI. DATED 20.12.66 (WITH TYPED COPY).
Exhibit P2 TRUE COPY OF ORDER DATED 2.4.1966 ISSUED BY THE MANAGING DIRECTOR, THE PLANTATION CORPORATION OF KERALA LTD. (WITH TYPED COPY).
Exhibit P3 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER'S SON BEFORE THE HON'BLE MINISTER FOR REVENUE ON 19.6.2020.
Exhibit P4 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 17.9.2021.