Kerala High Court
Dharmachandran Pilla vs The Tahsildar (Land Records) on 11 August, 2021
WP(C) NO. 16261 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
WP(C) NO. 16261 OF 2021
PETITIONER/S:
1 DHARMACHANDRAN PILLA,
AGED 60 YEARS,
S/O.LATE MADHAVAN PILLA, KADUVALIL (NENMELY),
THUNDIYIL, NAGANCHERI MURIYIL, KAVUMBHAGAM VILLAGE,
THIRUVALLA TALUK.
2 THULASEEDHARAN,
AGED 57 YEARS,
S/O.LATE MADHAVAN PILLA, KADUVALIL (NENMELY),
THUNDIYIL, NAGANCHERI MURIYIL, KAVUMBHAGAM VILLAGE,
THIRUVALLA TALUK.
BY ADVS.
P.M.JOSHI
SIJI K.PAUL
ELIZABETH KOSHY
RESPONDENT/S:
1 THE TAHSILDAR (LAND RECORDS)
TALUK OFFICE, THIRUVALLA, PIN-689101.
2 THE ADDITIONAL TAHSILDAR,
TALUK OFFICE, THIRUVALLA, PIN-689101.
3 THE DISTRICT SURVEY SUPERINTENDENT AND DEPUTY
DIRECTOR SURVEY AND LAND RECORDS (RANGE),
PATHANAMTHITTA DISTRICT-689648.
4 THE VILLAGE OFFICER,
KAVUMBHAGAM VILLAGE, THIRUVALLA TALUK, PIN-689102.
WP(C) NO. 16261 OF 2021 2
5 SMT.SANGEETHA G.NAIR,
AGED 48 YEARS,
D/O.KAMALAMMA, NENMELIL VADAKKEPARAMBIL HOUSE,
KIZHAKKE MURIYIL, KAVUMBHAGAM VILLAGE, THIRUVALLA
TALUK, KAVUMBHAGAM P.O., PIN-689102.
SMT K AMMINIKUTTY, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.08.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 16261 OF 2021 3
JUDGMENT
The petitioners state that they are the absolute owners in title and
possession of property having an extent of 5 cents situated within the limits
of Kavumbhagam Village. It was on the strength of Ext.P1 purchase
certificated dated 11.2.1971 that the mother of the petitioners late Smt.
Narayani Amma Chellamma had obtained rights over the 5 cents as stated
above. The petitioners contend that out of the 5 cents, 3 cents lies in Sy.
No. 6/3C and the balance extent of 2 cents lies in Sy No.6/3E.
2. According to the petitioners, in Ext.P2 settlement register, the
details of the property including extent as well as survey number has been
mentioned. It is also mentioned in Ext.P2 that the extent of property in Sy.
No. 6/3B is 3 cents and the property falls in the category of puramboke and
is described as a 'Kulam'. The grievance of the petitioner is that after
resurvey was concluded, the extent of property in the possession of their
mother has reduced to 1.40 Ares (3.458 cents), whereas the extent of the
puramboke 'Kulam' has increased to 4.693 cents (1.90 Ares). This fact
would be evident from Ext.P3 relevant page of the Land Field Register. In
the said circumstances, while the petitioners' mother was alive, she
submitted a request before the 2nd respondent to correct the discrepancies
in the entries. When no action was taken, she approached this Court and
filed W.P.(C) No. 33736/2016 seeking directions. By Ext.P4 judgment
dated 14.11.2016, this Court had disposed of the writ petition with
directions to the Additional Tahsildar to take on board the representation
filed by the mother and to dispose it of within a time frame. It is
contended that no action was taken by the respondents. While so, the
mother of the petitioners left for her heavenly abode on 6.2.2020 as is
evident from Ext.P5 death certificate. It is thereafter that Ext.P6 notice has
been issued to the petitioners and their sister intimating them of the
initiation of proceedings under the Land Conservancy Act to remove the
alleged encroachments. The petitioners state that the notice has been
issued on the premise that the petitioners have encroached upon portions
of the Puramboke Kulam which fact is clearly untenable in view of Exts.P1
to P3. According to the petitioners, if the directions in Ext.P4 judgment
was diligently complied with, the entire controversy could have been sorted
out. The petitioners contend that on receipt of Ext.P6 notice, the
petitioners approached the 1st respondent and produced a copy of Ext.P4
judgment and sought for complying with the same. According to the
petitioners, the 1st respondent refused to accede to the request on the
ground that this Court had issued directions to the 2nd respondent and not
to the 1st respondent. It is contended that if the 1st respondent proceeds
with Ext.P6 without complying with the directions in Ext.P4, the petitioners
would be subjected to grave hardship. It is in the afore circumstances that
the petitioners are before this Court seeking the following reliefs:
(i) Issue writ of mandamus or appropriate writ or directions to the
respondents 1 and 2 to comply with the directions given in Ext.P4
judgment and pass orders thereon expeditiously, at any rate, within a
period of one month or within the time that this Hon'ble Court may
deem fit and proper.
(ii) Issue a writ of certiorari or appropriate writ or directions to the 1st
respondent to call for records leading to Ext.P6 and quash the same as
it is against the fundamental right guaranteed to the petitioners under
Article 14 and 19(e) and 300A of the Constitution of India.
(iii) Direct the respondents to measure and fix the boundaries of 5 cents
of property covered by Ext.P1 purchase certificate as per Rule 61 and
133 of the Kerala Survey and Boundaries Rules, 1964.
3. The learned Government Pleader on instructions submits that
Ext.P6 is dated 01.07.2021 and the same is a notice issued under Section
12 of Act 8 of 1958. According to the learned Government Pleader, it is for
the petitioners to approach the 1st respondent and produce the relevant
records as there is no reason to suspect that the 1st respondent shall not
consider the documents produced by the petitioners and including Exts.P1
to P3 and finalize the proceedings with due regard to the directions issued
by this Court in Ext.P4 judgment.
4. I have considered the submissions advanced and have perused
the records. The petitioners have produced Ext.P1 purchase certificate,
Ext.P2 relevant pages of settlement register and Ext.P3 relevant page of
the Land Field Register to bring home their point that the mother of the
petitioners had originally been allotted 5 cents and that the extent of land
has now been reduced to 3.458 cents. At the same time, the extent of the
'Puramboke Kulam' has increased from 3 cents as recorded in Ext.P2 to
4.693 cents in Ext.P3. As these matters are borne out from the revenue
records, the 1st respondent would be duty-bound to evaluate all these
materials before concluding whether the petitioners have encroached upon
portions of the 'Kulam'. I am of the view that necessary directions be
issued to the 1st respondent to consider all relevant factors, record the
statements which the petitioners may make, take such evidence that the
petitioners may let in and finalize the proceedings.
This writ petition is accordingly disposed of directing the petitioners
to approach the 1st respondent and produce materials in their possession
to substantiate that they have not encroached upon any portions of
'Puramboke Kulam' in Sy. No. 6/3E. The 1st respondent shall diligently
consider the entire materials presented by the petitioners and take a
decision as per procedure and in strict adherence to the provisions of law,
after affording adequate opportunity to the petitioners to justify their
version. Orders shall be passed as directed above, expeditiously, in any
event, within a period of three months from the date of receipt of a copy of
this judgment.
SD/-
RAJA VIJAYARAGHAVAN V
JUDGE
IAP
APPENDIX OF WP(C) 16261/2021
PETITIONER (S) EXHIBITS :
Exhibit P1 THE TRUE COPY OF THE PURCHASE CERTIFICATE
DATED 11.02.1971.
Exhibit P2 THE TRUE COPY OF THE RELEVANT PAGE OF THE
SETTLEMENT REGISTER IN RESPECT OF PROPERTY
OLD SY.NO.6/3A TO E.
Exhibit P3 THE TRUE COPY OF THE RELEVANT PAGE OF THE
LAND FILED REGISTER AFTER RE-SURVEY IN
RESPECT OF PROPERTY IN BLOCK NUMBER 61.
Exhibit P4 THE TRUE COPY OF THE JUDGMENT DATED
14.11.2016 IN W.P(C)NO.33736 OF 2016.
Exhibit P5 THE TRUE COPY OF THE DEATH CERTIFICATE
DATED 16.06.2020 ISSUED FROM THIRUVALLA
MUNICIPALITY.
Exhibit P6 THE TRUE COPY OF THE NOTICE DATED
01.07.2021.
Exhibit P7 THE TRUE COPY OF THE PLAINT IN
O.S.NO.489/2016 BEFORE THE MUNSIFF COURT,
THIRUVALLA.
Exhibit P8 THE TRUE COPY OF THE WRITTEN STATEMENT
DATED 14.12.2016 FILED BY THE PETITIONERS
IN O.S.NO.489/2016 BEFORE THE MUNSIFF
COURT, THIRUVALLA.
RESPONDENT (S) EXHIBITS : NIL
