IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
WP(C) NO. 16285 OF 2022
PETITIONER:
ELIZHABETH PETER
AGED 70 YEARS
D/O. ANDREW AUSTIN,
NO:19 VRINDHAVAN,
SUBHASH CHANDRA BOSE ROAD,
CHETTICHIRA, VYTILLA, KOCHI,
ERNAKULAM DISTRICT, PIN - 682019
BY ADVS.
A.T.ANILKUMAR
V.SHYLAJA
RESPONDENTS:
1 THE DISTRICT COLLECTOR
KOLLAM DISTRICT,
CIVIL STATION, KOLLAM DISTRICT,
PIN - 691013.
2 THE THAHASILDHAR * CORRECTED AS 'THE TAHSILDAR
(LAND RECORDS)'
KOLLAM TALUK,
CIVIL STATION, KOLLAM DISTRICT,
PIN - 691013.
* THE DESIGNATION OF THE 2ND RESPONDENT CORRECTED AS
'THE TAHSILDAR (LAND RECORDS)' AS PER ORDERE DATED
27.5.2022 IN W.P(C).
3 THE VILLAGE OFFICER
SAKTHIKULANGARA VILLAGE,
KAVANAD .P.O, KOLLAM DISTRICT
PIN - 691003
SMT K AMMINIKUTTY SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 16285 OF 2022 2
JUDGMENT
The petitioner says that she has preferred Exts.P3 and P5 applications before the 2nd respondent - Tahsildar (LR) under the provisions of Section 13A of the Kerala Survey and Boundaries Act, since there are errors with respect to the property in question, which was earlier owned by her father, in the resurvey records.
2. Shri.A.T.Anilkumar - learned counsel for the petitioner, explained that a portion of the afore mentioned land has now been acquired for the purposes of renovation of the Kollam Harbour, but that his client is now being denied compensation with respect to it merely on account of the errors in the survey records. He, therefore, reiteratingly prayed that Exts.P3 and P5 be directed to be taken up and disposed of by the 2nd respondent, without any further delay.
3. In response, the learned Senior Government Pleader WP(C) NO. 16285 OF 2022 3
- Smt.K.Amminikutty, submitted that though Ext.P3 has been preferred before the 2nd respondent - Tahsildar (Land Records), Ext.P5 representation has been preferred before the Tahsildar. She submitted that, therefore, this Court may allow the 2nd respondent - Tahsildar (Land Records) to take up Ext.P3 and dispose it of in terms of law, which can be done without any avoidable delay.
4. When I consider the afore submissions, it is without doubt that Ext.P3 is an application preferred under the statutory mandate of the Kerala Survey and Boundaries Act. Certainly, the competent Tahsildar (Land Records) is obligated to consider the same and issue appropriate orders thereon following due procedure.
Resultantly, I order this writ petition with a direction to the 2nd respondent - Tahsildar (Land Records) to take up Ext.P3 application of the petitioner and dispose it, of after WP(C) NO. 16285 OF 2022 4 affording her an opportunity of being heard; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than four months from the date of receipt of a copy of this judgment.
Needless to say, after the afore exercise is completed and if it is to her benefit, the petitioner will be entitled to present the resultant order before the competent Authorities seeking compensation with respect to the land in question.
Sd/-
DEVAN RAMACHANDRAN JUDGE MC/28.5 WP(C) NO. 16285 OF 2022 5 APPENDIX OF WP(C) 16285/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PATTAYAM BEARING NO:
19732 ISSUED IN FAVOR OF WILFRED AUSTIN IN RESPECT OF 29 CENTS OF PROPERTY Exhibit P2 TRUE COPY OF THE TAX RECEIPT SHOWING THE PAYMENT OF LAND TAX IN RESPECT OF 41 CENTS OF PROPERTY IN THE NAME OF FATHER OF THE PETITIONER, DATED 29.03.1978 Exhibit P3 THE TRUE COPY OF THE REQUEST SUBMITTED BY THE BROTHER OF THE PETITIONER DATE 14.12.2021 Exhibit P4 TRUE COPY OF THE THANDAPER REGISTER IN RESPECT OF 12 CENTS OF PROPERTY Exhibit P5 TRUE COPY OF THE REPRESENTATION TO THE RESPONDENTS 1 TO 3 AND THERE BY REQUESTED TO TAKE EFFECTIVE ACTION TO IDENTIFY THE BOUNDARIES OF 41 CENTS OF PROPERTY FALL IN OLD SY NO. 11072 OF SAKTHIKULANGARA VILLAGE, DATED 18.04.2022