Kerala High Court
S.Sobhanakumari vs The District Collector on 3 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH
MAGHA,1942
WP(C).No.23101 OF 2020(K)
PETITIONER:
S.SOBHANAKUMARI,AGED 63 YEARS
D/O. KAMALAMMA, SWATHI (PARVATHI MANDIRAM),
PERINGARA P O, THIRUVALLA, PATHANAMTHITTA
DISTRICT, 689108.
BY ADVS.
SHRI.P.M.JOSHI
SMT.SIJI K.PAUL
SMT.ELIZABETH KOSHY
RESPONDENTS:
1 THE DISTRICT COLLECTOR
PATHANAMTHITTA DISTRICT, PATHANAMTHITTA,
PIN - 689645.
2 THE REVENUE DIVISIONAL OFFICER(RDO)
THIRUVALLA, PATHANAMTHITTA DISTRICT, 689645.
3 TAHSILDAR
(LAND RECORDS), TALUK OFFICE, THIRUVALLA,
PATHANAMTHITTA DISTRICT, 689645.
4 ADDITIONAL TAHSILDAR
TALUK OFFICE, THIRUVALLA, PATHANAMTHITTA
DISTRICT, PIN - 689645.
5 THE VILLAGE OFFICER,
PERINGARA VILLAGE OFFICE, PERINGARA PO,
THIRUVALLA, PATHANAMTHITTA DISTRICT, 689108.
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WP(C).No.23101 OF 2020(K)
6 TALUK SURVEYOR, TALUK OFFICE, THIRUVALLA,
PATHANAMTHITTA DISTRICT - 689645.
SRI SUNIL NATH N.B- GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.02.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C).No.23101 OF 2020(K)
JUDGMENT
The petitioner, who is stated to be the owner in
possession and enjoyment of a property having an extent of 5
Ares and 56 sq.meters (13.750 cents) in Sy.No.5/3B/5 in
Peringara Village in Thiruvalla Taluk covered by Ext.P1
settlement deed No.2659/1990 dated 30.11.1990, has filed
this writ petition under Article 226 of the Constitution of India,
seeking a writ of mandamus commanding the 4th respondent
Additional Tahsildar to comply with the direction contained in
Ext.P8 order of remand dated 21.01.2012 issued by the 2 nd
respondent Revenue Divisional Officer, after affording her a
reasonable and sufficient opportunity, within a time limit to be
fixed by this Court. The petitioner has also sought for a writ of
mandamus commanding the 1st respondent District Collector
to take a decision on Ext.P10 complaint dated 19.10.2020,
after affording her a reasonable and sufficient opportunity,
within a time limit to be fixed by this Court; a writ of
mandamus commanding the 3rd respondent Tahsildar (Land
Records) to consider Ext.P9 request dated 13.09.2018 in
accordance with law, after hearing the petitioner, within a time
limit to be fixed by this Court; an order to set aside Exts.P4
WP(C).No.23101 OF 2020(K)
and P5; and a writ of mandamus commanding the 5 th
respondent Village Officer to collect land tax and issue receipt
of 13.750 cents, covered by settlement deed No.2659/1990
dated 30.11.1990 of the Sub Registrar, Thiruvalla, to the
petitioner.
2. On 28.10.2020, when this writ petition came up for
admission, notice before admission was ordered to the
respondents. The learned Government Pleader took notice for
the respondents and sought time to get instructions.
3. On 08.01.2021, when this writ petition came up for
consideration, the learned Government Pleader was directed
to get instructions from the 3rd respondent as to what
transpired after Ext.P8 order of remand dated 21.01.2012.
4. On 21.01.2021, the learned Government Pleader,
on instructions, submitted that notice has already been issued
to the petitioner for conducting survey and that a statement
on behalf of the 3rd respondent shall be placed on record
within ten days.
5. Heard the learned counsel for the petitioner and
also the learned Government Pleader appearing for the
respondents.
WP(C).No.23101 OF 2020(K)
6. The learned Government Pleader, on instructions,
would submit that the survey of the property in question is
scheduled to be held on 05.02.2021 and thereafter, the 3 rd
respondent Tahsildar (Land Records) shall take an appropriate
decision, pursuant to Ext.P8 order of remand, within a time
limit to be fixed by this Court.
7. The learned counsel for the petitioner would submit
that the petitioner shall cooperate with the survey scheduled
on 05.02.2021.
Having considered the submissions made by the learned
counsel on both sides, this writ petition is disposed of
directing the 3rd respondent Tahsildar (Land Records) to
finalise the proceedings pursuant to Ext.P8 order of remand,
as expeditiously as possible, at any rate, within a period of
two months from 05.02.2021, after affording the petitioner
and other affected parties a reasonable opportunity of being
heard.
Sd/-
ANIL K.NARENDRAN, JUDGE
AV/04/02
WP(C).No.23101 OF 2020(K)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE SETTLEMENT DEED
NO. 2659/1990 DATED 30.11.1990.
EXHIBIT P2 THE TRUE COPY OF THE RELEVANT PAGE OF
THE SETTLEMENT REGISTER IN PERINGARA
VILLAGE THIRUVALLA TALUK.
EXHIBIT P3 TRUE COPY OF THE ORIGINAL SKETCH OF
THE PROPERTY IN SURVEY NO.5 IN
PERINGARA VILLAGE IN THIRUVALLA TALUK.
EXHIBIT P4 THE TRUE COPY OF THE RELEVANT PAGE OF
THE LAND REGISTER AFTER RE-SURVEY IN
PERINGARA VILLAGE IN THIRUVALLA TALUK.
EXHIBIT P5 THE TRUE COPY OF THE RE-SURVEY SKETCH
FIELD NO.715 IN PERINGARA VILLAGE.
EXHIBIT P6 THE TRUE COPY OF THE LETTER
NO.60113/E3/67/87 DATED 22.06.1889.
EXHIBIT P7 THE TRUE COPY OF THE ORDER/PROCEEDINGS
DATED 21.11.2011 OF THE ADDITIONAL
TAHSILDAR.
EXHIBIT P8 THE TRUE COPY OF THE ORDER
NO.K.DIS/5919/11/B3 DATED 21.01.2012.
EXHIBIT P9 THE TRUE COPY OF THE LETTER DATED
13.09.2018 SUBMITTED TO THE 3RD
RESPONDENT.
EXHIBIT P10 THE TRUE COPY OF THE COMPLAINT DATED
19.10.2020 SUBMITTED TO THE DISTRICT
COLLECTOR, PATHANAMTHITTA.
