Kerala High Court
Saraswathi Amma vs State Of Kerala on 2 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
WP(C) NO. 23408 OF 2011
PETITIONER:
SARASWATHI AMMA
W/O.LATE N.KESAVAN NAIR, POKKATT
HOUSE,NOOLELIKARA, ASHAMANNOOR
VILLAGE,KUNNATHUNADU TALUK,, ERNAKULAM DISTRICT.
BY ADV SRI.A.C.DEVASIA
RESPONDENTS:
1 STATE OF KERALA
SECRETARY,DEPARTMENT OF REVENUE,GOVERNMENT,
SECRETARIAT,THIRUVANANTHAPURAM 695 001.
2 THE DISTRICT COLLECTORERNAKULAM
CAMP OFFICE,CIVIL LANES,KAKKANAD,687 030.
3 THE TAHSILDARKUNNATHUNADU TALUK OFFICE
PERUMBAVOOR,ERNAKULAM 683 542.
4 THE VILLAGE OFFICER ASHAMANNOOR VILLAGE
ASHAMANNOOR,KOTTAPPADY - PERUMBAVOOR 683 542.
5 THE SUPERINTENDENT OF RESURVEY
OFFICE OF THE RESURVEY SUPERINTENDENT,, ALUVA 683
103.
6 DISTRICT SURVEY SUPERINTENDENT
OFFICE OF THE SURVEY SUPERINTENDENT,, CIVIL
LANES,KAKKAND,ERNAKULAM 682 030.
7 AMMINIKUTTYWO.LATE RAGHAVAN NAIR
POKKATT HOUSE,NOOLELIKARA,ASHAMANNOOR VILLAGE,
KUNNATHUNADU TALUK,ERNAKULAM DISTRICT 683 541.
BY ADV SRI.B.JAYASANKAR
OTHER PRESENT:
SMT.MABLE.C.KURIAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.08.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.23408/2011
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No.23408 of 2011
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Dated this the 02nd day of August, 2021
JUDGMENT
This writ petition is filed with following prayers:
i. to issue a writ of mandamus or any other
appropriate writ, order or directions commanding
the respondents 2 to 6 to rectify the mistakes
crept in the resurvey records in Block No. 14, of
Ashamannoor Village, comprised in resurvey No.
390/10, 390/19, 390/20 (old survey No. 225/2) in
respect of D Schedule Item No. 3 in Ext.P1 title
deed.
ii. to issue a writ of mandamus or any other
appropriate writ, order or directions commanding
the respondents 2 to 6 to survey and demarcate
the property on the basis of D schedule in Item
No.3 shown in Ext. P1.
Iii. to issue a writ of mandamus or any other
appropriate writ, order or directions commanding
the respondents 2 to 6 to allow the petitioner to
remit the tax in respect of the property of D
schedule in Item No. 3 shown in Ext. P1, on the
basis of Ext. P2 Thandapper Account.
W.P.(C).No.23408/2011
iv. to issue a writ of mandamus or any other
appropriate writ, order or directions commanding
the respondents 2, 3, 5 & 6 to consider Ext. P3
representation submitted before them by the
petitioner and pass appropriate orders.
v. to issue any other appropriate writ, order or
direction as this Hon'ble Court may deem fit and
proper as per the facts and circumstances of the
case.
2. Today, when this writ petition came up for
consideration, the counsel for the 7 th respondent takes me
through the counter affidavit filed by the 7 th respondent.
Relevant portion of the counter affidavit of the 7 th respondent
is extracted hereunder:
"The above writ petition is not maintainable either on
facts or in law. Admittedly a fully fledged Civil Suit
was filed as O.S.No.168/03 on the files of the Munsiff
Court Perumbavoor for fixation of boundary and for
prohibitory injunction with respect to the property in
dispute as against the parties to Exhibit P1 partition
deed on the very same allegations raised in the
above writ petition. The said suit was tried along with
O.S.No.99/01 filed by this respondent as against the
petitioner herein and Krishnan Nair the 5 th defendant
W.P.(C).No.23408/2011
in O.S. No. 168/03. After a full fledged trial the
learned Munsiff dismissed both the suits. Dissatisfied
with the judgment and decree in O.S.168/2003, the
petitioner herein filed as appeal as A.S. No. 79/2009
on the files of the Sub Court Perumbavoor. Pending
the above appeal the petitioner has approached this
Hon'ble Court by way of filing the above Writ Petition
as an experimental venture. The attempt of the
petitioner was to see as to whether she can create
evidence to short circuit the issues pending
consideration before the Civil Court. The Appeal Suit
A.S. No. 79/ 2009 was also dismissed by the learned
Sub Judge by judgment dated 4/1/2012. A true copy
of the certified copy of the decree dated 4-1-2012 in
A.S.No. 79/ 2009 is produced herewith which may be
marked as Exhibit.R7 (a).
6. Thereafter the petitioner has filed yet another suit
as O.S.No.1173/2012 on the files of the Munsiff
Court Perumbavoor on the very same allegations with
a prayer to recover possession of the same land and
for other reliefs. The allegation in paragraph 3 of the
writ petition that due to the mistake in resurvey
records the petitioners 1,08 Acres of land is included
in resurvey No.390/10 and 390/19 and the extent
shown is 52 cents instead of 1,08 Acres is only a
distorted version of fact and hence denied. It is
equally false to say that the mistake has crept in due
to misrepresentation made by me and my family
members."
W.P.(C).No.23408/2011
3. In the light of the above averments in the counter
affidavit, no relief can be granted in this writ petition at this
distance of time. The writ petition was filed in the year 2011.
After this writ petition came up for admission on 29.08.2011,
the case was posted only on one occasion. Today also it was
posted in the defect list because service to the 4 th respondent
is not complete. The 4th respondent is a government official
and the Government Pleader took notice for the 4th
respondent. According to me no relief can be granted in this
writ petition at this distance of time since there is a decree
from the civil court.
Therefore this writ petition is dismissed.
Sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
W.P.(C).No.23408/2011
APPENDIX OF WP(C) 23408/2011
PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF HTE PARTITION DEED DATED
06.03.1964
EXHIBIT P2 TRUE COPY OF THANDAPER ACCOUNT KEPT IN
THE VILLAGE OFFICE DATED 30.07.2007
ISSUED BY THE DEPUTY TAHSILDAR
EXHIBIT P3 TRUE COPY OF HTE REPRESENTATION DATED
30.06.2011, FIVE IN NUMBERS GIVEN TO
THE RESPONDENTS BY THE PETITIONER
RESPONDENT EXHIBITS
EXHIBIT R7(A) A TRUE COPY OF THE CERTIFIED COPY OF
THE DECREE DATED 4.1.2012 IN AS NO
79/2009 ON THE FILES OF THE SUB JUDGE
PERUMBAVOOR
