Valsamma Mathew vs State Of Kerala
2021 Latest Caselaw 16525 Ker

WP(C) NO. 15684 OF 2021             1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
 THURSDAY, THE 5TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943
                       WP(C) NO. 15684 OF 2021
PETITIONER/S:

            VALSAMMA MATHEW,
            AGED 63 YEARS,
            W/O. LATE THOMAS MATHEW, PAREKADAVIL NO.3,
            KALLOOPPARA, ERAVIPEROOR VILLAGE, THIRUVALLA
            TALUK, PATHANAMTHITTA DISTRICT 689 583.

            BY ADVS.
            VARGHESE C.KURIAKOSE
            SUSANTH SHAJI


RESPONDENT/S:

    1       STATE OF KERALA,
            REP. BY SECRETARY, DEPARTMENT OF REVENUE,
            SECRETARIAT, THIRUVANANTHAPURAM 695 001.

    2       THE TAHSILDAR,
            TALUK OFFICE, THIRUVALLA TALUK, PATHANAMTHITTA
            DISTRICT 689 101.

    3       THE TALUK SURVEYOR,
            TALUK OFFICE, THIRUVALLA TALUK, PATHANAMTHITTA
            DISTRICT 689 101.

   *4       ADDL.R4:

            THE TAHSILDAR (LR), TALUK OFFICE, THIRUVALLA.

            ADDITIONAL R4 IS SUO MOTU         IMPLEADED      AS    PER
            JUDGMENT DATED 05.08.2021.
            SRI SAYED M THANGAL GP


     THIS    WRIT      PETITION    (CIVIL)   HAVING   COME        UP   FOR
ADMISSION ON 05.08.2021, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 WP(C) NO. 15684 OF 2021             2



                           JUDGMENT

Property having an extent of 17 Ares and 85 Sq. Mtrs. in

Old Sy.No.555/18 (Re-Sy.No.39/11) of Eraviperoor Village, was

under the absolute ownership, title and possession of late

Sri.Thomas Mathew and Alex P. Alex. They acquired the title

over the property on the strength of Exhibit-P1 Deed. The

original owners expired and the legal heirs decided to execute a

Partition Deed. Exhibit-P7 is the draft of the Partition Deed

executed between the parties. The petitioner contends that

though the original owners were paying tax in respect of the

property, the boundaries of the registered land is not

demarcated. In the aforesaid circumstances, the petitioner has

preferred an application under Form 10 of the Survey and

Boundaries Rules before the 2nd respondent. The solitary prayer

sought for by the petitioner is for a direction to the 2nd

respondent to consider Exhibit-P8 and finalize the same in an

expeditious manner.

2. It is submitted by the learned Government Pleader that

Exhibit-P8 application ought to have been filed before the

Tahsildar (LR), Taluk Office, Thiruvalla, as he is the empowered

officer.

3. The Tahsildar (LR), Taluk Office, Thiruvalla is suo motu

impleaded as additional 4th respondent. The Registry shall make

necessary corrections in the cause title. The learned Government

pleader takes notice.

4. Having regard to the facts and circumstances, there will

be a direction to the petitioner to produce a copy of this

judgment before the 2nd respondent, who shall forward Exhibit-

P8 to the additional 4th respondent within a period of ten days

from the date of production of a copy of this judgment. The

additional 4th respondent shall finalize Exhibit-P8, with notice to

the petitioner and affected parties, expeditiously, in any event,

within a period of three months from the date of production of a

copy of this judgment.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V,

JUDGE DSV/5.8.21

APPENDIX OF WP(C) 15684/2021

PETITIONER(S) EXHIBITS

Exhibit P1 TRUE PHOTOSTAT COPY OF THE SALE DEED NO.

1859/1972 OF SRO, THIRUVALLA.

Exhibit P2 TRUE PHOTOSTAT COPY OF THE DEATH CERTIFICATE OF SHRI. THOMAS MATHEW ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, THIRUVANANTHAPURAM.

Exhibit P3 TRUE PHOTO STATE COPY OF THE DEATH CERTIFICATE OF SHRI. ALEX P. ALEX ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, ERAVIPEROOR GRAMA PANCHAYAT.

Exhibit P4 TRUE PHOTOSTAT COPY OF THE FAMILY MEMBERSHIP CERTIFICATE OF SHRI. THOMAS MATHEW ISSUED BY THE VILLAGE OFFICER, KALLOOPPARA VILLAGE.

Exhibit P5 TRUE PHOTOSTAT COPY OF THE LEGAL HEIR SHIP CERTIFICATE OF SHRI. ALEX.P.ALEX ISSUED BY THE 2ND RESPONDENT.

Exhibit P6 TRUE PHOTOSTAT COPY OF THE BASIC TAX RECEIPT OF THE PROPERTY IN RE-SY. NO. 39/11/OF ERAVIPEROOR VILLAGE .

Exhibit P7 TRUE PHOTO STAT COPY OF THE DRAFT PARTITION DEED PREPARED BY THE LEGAL HEIRS OF THE ORIGINAL OWNERS.

Exhibit P8 TRUE PHOTO STAT COPY OF THE APPLICATION PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT UNDER RULE 43 OF THE KERALA SURVEY AND BOUNDARIES RULES 964.

Exhibit P9 TRUE PHOTOSTAT COPY OF THE APPLICATION PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT UNDER RULE 27 OF THE KERALA SURVEY AND BOUNDARIES RUES 1964.

Exhibit P10 TRUE PHOTOSTAT COPY OF THE POSTAL TRACK

RECEIPT DOWNLOADED FROM THE INDIA POST WEBSITE FOR THE CONSIGNMENT NO., RL644800200IN.

Exhibit P11 TRUE PHOTO STAT COPY OF THE POSTAL TRACK RECEIPT DOWNLOADED FROM THE INDIA POST WEBSITE FOR THE CONSIGNMENT NO.

RL6448003321N.

PETITIONER(S) EXHIBITS    : NIL