Kerala High Court
V. Ponnappan vs The District Collector on 7 July, 2025
2025:KER:49497
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
MONDAY, THE 7TH DAY OF JULY 2025 / 16TH ASHADHA, 1947
WP(C) NO. 37749 OF 2024
PETITIONER:
1 V. PONNAPPAN
AGED 69 YEARS
S/O. VALYAUDHAN, KARINGATTA KUZHI VELIYIL,
SOUTH ARYAD, AVALOOKKUNNU P.O,
ALAPPUZHA, PIN - 688006
BY ADVS.
SHRI.B.PRAMOD
SHRI.ATHUL M.V.
RESPONDENTS:
1 THE DISTRICT COLLECTOR
COLLECTORATE, CIVIL STATION WARD,
ALAPPUZHA, PIN - 688001
2 TAHSILDAR (LAND RECORDS),
AMBALAPPUZHA TALUK OFFICE, AMBALAPPUZHA,
ALAPPUZHA, PIN - 688561
3 THE TALUK SURVEYOR
AMBALAPPUZHA TALUK OFFICE, AMBALAPPUZHA,
ALAPPUZHA, PIN - 688561
4 THE VILLAGE OFFICER
KOMALAPURAM VILLAGE OFFICE, PATHIRAPALLY P.O,
ALAPPUZHA, PIN - 688521
SMT.DEEPA NARAYANAN, SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:49497
W.P.(C.) No.37749 of 2024
-2-
C. JAYACHANDRAN, J.
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W.P.(C.) No.37449 of 2024
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Dated, this the 07th day of July, 2025
JUDGMENT
The petitioner approached this Court claiming title to an extent of 1.62 ares of land (4 cents) under Ext.P1 sale deed. Ext.P2 is the basic tax receipt and Ext.P3 is the possession certificate, which would indicate the petitioner's extent as 1.62 ares. However, by Ext.P8, it has been informed by the revenue officials that the petitioner is only in possession of 0.09 ares (2.22 cents). The petitioner apprehends that his extent will be reduced in the revenue records as well, in consequence of Ext.P8 issued. It is the petitioner's contention that the north, east and western side of petitioner's property is secured by boundary walls and there is a public road on the southern boundary, where there is a fencing. There arose a 2025:KER:49497 W.P.(C.) No.37749 of 2024 -3- recent claim from the residents of the locality over a portion of petitioner's property, at its northern side, which according to the petitioner is a false claim. It is in that circumstances, petitioner filed Ext.P5 application for survey and demarcation of the property. The petitioner approached the Chief Minister of Kerala, since no action was taken in his application to survey and demarcate his property. Upon the same being forwarded, the 2 nd respondent informed the petitioner that his property will be measured, simultaneous with intimating that the vendor of the petitioner had taken a stand that a 4 meter wide pathway on the eastern side forms part of petitioner's property. Thereafter, a survey has been conducted, which was followed by issuance of Ext.P8 notice, informing the petitioner about the reduction in extent of land. The petitioner also canvasses a contention that Ext.R2(a) sketch and report is contrary to Ext.P7 revenue list, wherein the extent shown is 1.62 ares. On the above factual premise, the petitioner sought for issuance of a writ of certiorari quashing 2025:KER:49497 W.P.(C.) No.37749 of 2024 -4- Exts.P6 and P8 letters and also for a mandamus not to make changes in the revenue records based on Ext.P8. There is a further prayer to conduct a proper survey and measurement.
2. Having heard the learned Counsel for the petitioner and the learned Senior Government Pleader, this Court notice that the survey has already been conducted in the petitioner's property and the property stands demarcated. A sketch and report has also been prepared, which is produced at Ext.R2(a). Ext.R2(a) would indicate that the petitioner is in possession of only 0.0090 hectares. If the petitioner has got any grievance with respect to the survey conducted, as also, the extent found therein, it is for the petitioner to pursue appropriate statutory remedy. This Court, in exercises of Article 226 of the Constitution, cannot look into the question as regards the correctness of the survey conducted, or for that matter, the extent shown in Ext.P2(a) report. Such an exercise on facts is not contemplated by the powers under Article 226, especially when there is a statutory remedy.
2025:KER:49497 W.P.(C.) No.37749 of 2024 -5- In the circumstances, without prejudice to the petitioner's right to avail appropriate statutory remedy, the instant Writ Petition will stand dismissed.
Sd/-
C. JAYACHANDRAN JUDGE SKP/07-07 2025:KER:49497 W.P.(C.) No.37749 of 2024 -6- APPENDIX OF WP(C) 37749/2024 PETITIONER'S EXHIBITS:
EXHIBIT P-1 A TRUE COPY OF THE SALE DEED DATED 12.12.2012 REGISTERED AS DOCUMENT NO.
5454/1/2012 OF ALAPPUZHA SRO EXHIBIT P-2 A TRUE COPY OF THE BASIC TAX RECEIPT DATED 11.04.2024 IN RESPECT OF THE PETITIONER'S PROPERTY FOR THE FINANCIAL YEAR 2024-25 EXHIBIT P-3 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 06.05.2024 OF THE PETITIONER'S PROPERTY EXHIBIT P-4 A TRUE COPY OF THE APPLICATION DATED 07.08.2023 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT EXHIBIT P-5 A TRUE COPY OF THE LETTER DATED 22.08.2023 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER EXHIBIT P-6 A TRUE COPY OF THE REPORT DATED 29.09.2023 SUBMITTED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT EXHIBIT P-7 A TRUE COPY OF THE LETTER DATED 17.01.2024 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT ALONG WITH A COPY OF THE REVENUE LIST EXHIBIT P-8 A TRUE COPY OF THE NOTICE DATED 18.07.2024 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER RESPONDENTS' ANNEXURES:
ANNEXURE R2(A) TRUE COPY OF THE REPORT OF THE TALUK SURVEYOR DATED NIL TRUE COPY P.A. TO JUDGE