M.Radha vs The Special Tahsildar (L.R)
2021 Latest Caselaw 4841 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

                THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

     WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942

                        W.P.(C) No.22909 OF 2020(K)


PETITIONER/S:

                M.RADHA, AGED 72 YEARS,
                D/O. DEVAKI AMMA, MECHERRYVEETTIL,
                KOLLENGODE, PALAKKAD DISTRICT-678 506,
                REPRESENTED BY HER POWER OF ATTORNEY HOLDER,
                SRI.M.KESAVAN NAIR,
                AGED 76 YEARS,
                S/O. VISWANATHAMENON,
                MECHERRYVEETTIL,
                KOLLENGODE,
                PALAKKAD DISTRICT-678 506.

                BY ADVS.
                SRI.P.CHANDRASEKHAR
                SRI.K.K.MOHAMED RAVUF
                SMT.K.VIDYA
                SHRI.SATHEESH V.T.

RESPONDENT/S:

      1         THE SPECIAL TAHSILDAR (L.R)
                LAND TRIBUNAL, PALAKKAD-678 001.

      2         THE APPELLATE AUTHORITY (LAND REFORMS)
                THRISSUR-680 003.

      3         THE TAHSILDAR
                TALUK OFFICE, CHITTUR, PALAKKAD DISTRICT-678 101.

      4         THE VILLAGE OFFICER
                KOLLENGODE NO.2, PALAKKAD DISTRICT-678 506.

                R1-R4 BY GOVERNMENT PLEADER

OTHER PRESENT:

                SMT K.AMMINIKUTTY - SR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION        ON
10.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.22909 OF 2020(K)

                                        2

                                 JUDGMENT

The petitioner, who is the owner in possession of 20 cents of

land in Re.Survey No.191/2 (old Survey No.2/16) in Kollengode No.2

Village of Chittur Taluk, has filed this writ petition under Article 226 of

the Constitution of India, seeking a writ of mandamus commanding

the 4th respondent Village Officer to report the correct survey number

of his property covered by Ext.P1 sale deed dated 20.05.2006 and

Ext.P2 purchase certificate dated 15.10.1992 to the 1 st respondent

Special Tahsildar (LR), as required by the said respondent in Ext.P10

letter dated 23.09.2020. The petitioner has also sought for a writ of

mandamus commanding the 1st respondent to correct the survey

number in Ext.P2 purchase certificate dated 15.10.1992, in exercise

of power under Rule 136A of the Kerala Land Reforms (Tenancy)

Rules based on the correct survey numbers in the revenue records.

2. On 27.10.2020, when this writ petition came up for

admission, the learned Government Pleader sought time to get

instructions.

3. On 05.02.2021, the learned Government Pleader,

submitted that the 1st respondent Special Tahsildar (LR) has already

passed an order on 27.01.2021 on the application made by the W.P.(C) No.22909 OF 2020(K)

petitioner and that, a copy of the same shall be produced along with

a memo.

4. Today, along with a memo filed by the learned Senior

Government Pleader dated 05.02.2021, a copy of that order dated

27.01.2021, is placed on record.

5. Heard the learned counsel for the petitioner and also the

learned Senior Government Pleader appearing for the respondents.

6. As can be seen from the order dated 27.01.2021 of the 1 st

respondent Special Tahsildar (LR), a decision has already been taken,

based on the application made by the petitioner, for correcting the

survey number of the property in Ext.P2 purchase certificate dated

15.10.1992 as 2/16, instead of 2/15 Part.

In such circumstances, this writ petition is disposed of recording

the aforesaid fact.

Sd/-

ANIL K. NARENDRAN JUDGE

MIN W.P.(C) No.22909 OF 2020(K)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE REGISTERED SALE DEED NO.1560 OF 2006 DATED 20.5.2006 EXECUTED BY SMT. INDIRA VASUDEVA MENON AND OTHERS IN FAVOR OF THE PETITIONER.

EXHIBIT P2 A TRUE COPY OF THE PURCHASE CERTIFICATE DATED 15.10.1992 BEARING NO.201 OF 1992 ISSUED BY THE LAND TRIBUNAL (SPECIAL TAHSILDAR, LAND RECORDS, AND KOLLENGODE) TO SRI. VASUDEVA MENON.

EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 14.10.2008 IN AA 65/2004 OF THE APPELLATE AUTHORITY (L.R) THRISSUR.

EXHIBIT P4 A TRUE COPY OF THE APPLICATION DATED 9.5.2017 OF SMT. INDIRA VASUDEVA MENON IN SM 129/92 BEFORE LAND TRIBUNAL PALAKKAD.

EXHIBIT P5 A TRUE COPY OF THE ORDER NO.F3-

2015/6153/9/200 DATED 14.3.2017 THE ADDITIONAL TAHSILDAR CHITTOOR.

EXHIBIT P6 A TRUE COPY OF THE SAID APPLICATION DATED 21.11.2019 SUBMITTED BY THE POWER OF ATTORNEY HOLDER OF THE PETITIONER.

EXHIBIT P6(A) A TRUE COPY OF THE GENERAL POWER OF ATTORNEY EXECUTED BY THE PETITIONER DATED 21.12.2009 IN FAVOR OF HER BROTHER SRI. M.KESAVAN NAIR.

EXHIBIT P7 A TRUE COPY OF THE NOTICE NO.E-2388/2008 DATED 19.10.2009.

W.P.(C) No.22909 OF 2020(K)

EXHIBIT P8 A TRUE COPY OF THE LAWYER NOTICE DATED 14.9.2020 SEND BY THE PETITIONER TO THE RESPONDENTS ALONG WITH POSTAL RECEIPTS AND ACKNOWLEDGEMENT CARDS.

EXHIBIT P9 A TRUE COPY OF THE LETTER NO.A4-239/2020 DATED 25.9.2020 OF THE 2ND RESPONDENT TO THE IST RESPONDENT.

EXHIBIT P10 A TRUE COPY OF THE LETTER NO.E-683/2011 DATED 23.9.2020 OF THE IST RESPONDENT TO THE 4TH RESPONDENT.