Rajesh Mathew vs The Revenue Divisional Officer
2021 Latest Caselaw 6414 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

   TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA, 1942

                       WP(C).No.12670 OF 2017(G)


PETITIONER/S:

                RAJESH MATHEW,
                AGED 48 YEARS, S/O.P.M. MATHEW (LATE),
                PONGATHIL HOUSE, KATTACHIRA P.O.,
                ETTUMANOOR, KOTTAYAM DISTRICT.

                BY ADV. SRI.P.M.ZIRAJ

RESPONDENTS :

      1         THE REVENUE DIVISIONAL OFFICER,
                PALA, KOTTAYAM DISTRICT, PIN-686575.

      2         THE DISTRICT SURVEY SUPERINTENDENT,
                COLLECTORATE, KOTTAYAM, PIN 686001.

      3         THE ADDITIONAL TAHSILDAR,
                MEENACHIL TALUK, KOTTAYAM DISTRICT,
                PIN 686589.

      4         THE VILLAGE OFFICER,
                KIDANGOOR VILLAGE, KOTTAYAM DISTRICT,
                PIN 686583.

                BY GOVERNMENT PLEADER SMT. MABLE C. KURIAN




     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD        ON
23.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.12670 OF 2017             2




                              JUDGMENT

The petitioner states that he is the owner in title and possession of

property having an extent of about 33.70 Ares falling in Block No.14, Re-

Survey No.372/3( Old Sy No 143/3) of Kidangoor Village. He contends

that in the old survey records as well as the settlement register

maintained with the Kidangoor Village, the property is categorised as a

"Purayidam". However, after Re-Survey, the description of the property

was changed as "Nilam". With intent to correct the entries, he is stated

to have preferred an application before the 3rd respondent. However, his

request was rejected by the 3rd respondent on the ground that even in

the assignment deed as well as in the village records, the property is

categorised as "Nilam"

2. Challenging Exhibit-P1, the petitioner herein preferred an

appeal before the 1st respondent, the Revenue Divisional Officer, Pala.

However, the Revenue Divisional Officer took the view that the petitioner

had to challenge the order before the 2nd respondent, the District

Survey Superintendent. In the said circumstances, he approached the

2nd respondent and preferred Exhibit-P4. The 2nd respondent, by

Exhibit-P5 took the view that it is for 1st respondent to consider the

appeal. Left with no alternative, the petitioner is stated to have again

approached the 1st respondent. The first respondent, instead of

entertaining his appeal, sought for clarifications from the Government by

Exhibit-P7 order.

3. It is in the afore circumstances that the petitioner is before

this Court seeking to quash Exhibit-P1 and for a further direction to the

competent among the respondents to consider the appeal filed by the

petitioner herein.

4. The learned Government Pleader on instructions submitted

that taking the relevant factors into consideration, GO (MS)No.303/2017

dated 26.08.2017 was issued wherein the 1st respondent has been

designated as the authority to take up and consider appeals over Exhibit

P1 order.

In that view of the matter, this writ petition is disposed of directing

the 1st respondent to take up Exhibit P2 appeal preferred by the

petitioner challenging Exhibit-P1 order and take a decision, expeditiously,

with notice to the petitioner. Orders shall be passed within a period of 60

days from the date of receipt of a copy of this judgment.

Sd/-

RAJA VIJAYARAGHAVAN V

JUDGE DSV

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED, 01.10.2015 AS NO.D8- 11853/15/K.DIS.

EXHIBIT P2 TRUE COPY OF THE APPEAL SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 09.10.2015.

EXHIBIT P3 TRUE COPY OF THE ORDER OF THE FIRST RESPONDENT DATED, 27.10.2015 AS NO.L3- 3702/15.

EXHIBIT P4 TRUE COPY OF THE APPEAL SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED NIL.

EXHIBIT P5 TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DATED, 20.01.2016 AS NO.C4- 1770/2015.

EXHIBIT P6 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED, 28.05.2008 AS NO.DSA.NO. 179/08.

EXHIBIT P7 TRUE COPY OF THE ORDER OF THE FIRST RESPONDENT DATED, 19.03.2016 AS.NO.L3- 3702/15.

RESPONDENT'S EXHIBITS :

ANNEXURE R2(a) A TRUE COPY OF THE G.O.(M.S.) NO.200/10/REVENUE DATED 31.05.2010.

/TRUE COPY/

P.A. TO JUDGE