Kerala High Court
Kausalya vs The Tahsildar (Land Records) on 28 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
WP(C) NO. 23215 OF 2024
PETITIONER:
KAUSALYA, AGED 65 YEARS
W/O (LATE) RAJAN, MALAPPURATH HOUSE,
KOOTTANAD, NAGALASSERY (G), PATTAMBI,
PALAKKAD DISTRICT, PIN - 679533
BY ADVS.
C.D.DILEEP
SHYLAJA VARGHESE
RESPONDENTS:
1 THE TAHSILDAR (LAND RECORDS)
PATTAMBI TALUK, GROUND FLOOR,
MINI CIVIL STATION, RAILWAY STATION RD,
PATTAMBI, PALAKKAD DISTRICT., PIN - 679303
2 THE TALUK SURVEYOR
OFFICE OF THE TALUK SURVEYOR OFFICE,
PATTAMBI TALUK OFFICE,
PALAKKAD DISTRICT, PIN - 678013
3 THE VILLAGE OFFICER
THE VILLAGE OFFICER, VILLAGE OFFICE PATTAMBI,
MINI CIVIL STATION ROAD, PATTAMBI
PALAKKAD DISTRICT, PIN - 679303
4 SMT. LAKSHMIKUTTY
KALATHIL VALAPPIL HOUSE,
NEAR KOOTTANADU TEMPLE, KOOTTANADU P.O,
PATTAMBI TALUK, PALAKKAD DISTRICT, PIN - 679533
OTHER PRESENT:
SR.GP DEEPA NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.23215 of 2024 2
VIJU ABRAHAM, J.
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W.P.(C) No.23215 of 2024
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Dated this the 28th day of June, 2024
JUDGMENT
Petitioner has approached this Court seeking a direction to the 1st respondent to take action on Ext.P7 application in Form 8 for demarcation and survey sub division of her property.
2. It is averred that the petitioner is the exclusive owner of the property having an extent of 12.35 Ares (30.52 cents) comprised in survey no.40/1 and 3 of Nagalassery Village of the Pattambi Taluk. Certain portion of the property was sold and for the balance property having an extent of 12.35 Ares she was remitting tax as evident from Ext.P1. When the petitioner approached the 3rd respondent for payment of land tax for the year 2021-2022, the same was objected to by the said respondent. As the property was not having proper boundary line and land tax was not received, petitioner submitted Ext.P4 application before the 1st respondent in Form 10 and the same was directed to be finalised as per Ext.P5 judgment in W.P.(C) No.29695 of 2022. Thereafter the 2 nd respondent has submitted a report stating that the petitioner's property is partly included in survey no.40/3 and since sub division number is not demarcated to the property claimed to be in ownership by the petitioner WP(C) No.23215 of 2024 3 and as there are some disputes with regard to the property, he is unable to demarcate the boundary. In the said circumstance petitioner has preferred Ext.P7 application in Form 8 for demarcation and survey of the registered property. Petitioner submits that the said application is pending consideration before the 1st respondent and seeks for an expeditious disposal of the same.
3. Heard the learned Government Pleader also.
After hearing both sides, I am inclined to dispose of the writ petition with a direction to the 1 st respondent to finalise the proceedings on Ext.P7 application in Form 8 submitted by the petitioner without any delay, at any rate, within an outer limit of three months from the date of receipt of a copy of the judgment, with notice to the petitioner and any other affected parties.
With the above directions the writ petition is disposed of.
Sd/-
VIJU ABRAHAM JUDGE cks WP(C) No.23215 of 2024 4 APPENDIX OF WP(C) 23215/2024 PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE TAX RECEIPT NO.U.0966628 DATED 09/06/2020 FOR THE YEAR 2020-21 Exhibit-P2 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 11/06/2018 ISSUED BY THE 3RD RESPONDENT.
Exhibit-P3 A TRUE COPY OF THE LOCATION CERTIFICATE WITH SKETCH DATED 11.06.2018 ISSUED BY THE 3RD RESPONDENT.
Exhibit-P4 A TRUE COPY OF THE FORM-10 APPLICATION DATED 29.08.2022 SUBMITTED BY THE PETITIONER Exhibit-P5 A TRUE COPY OF THE JUDGMENT DATED 17.11.2022 IN WP(C) NO.29695 OF 2022 OF THIS HON'BLE HIGH COURT.
Exhibit-P6 A TRUE COY OF THE
COMMUNICATION/DECISION NO.H3-6803/22
DATED 29.05.2023 OF THE 1ST RESPONDENT.
Exhibit-P7 A TRUE COPY OF THE FORM NO.8 APPLICATION DATED 20.05.2024 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT.