Mallika Rajan vs The District Collector
2021 Latest Caselaw 13158 Ker

Citation : 2021 Latest Caselaw 13158 Ker
Judgement Date : 23 June, 2021

Kerala High Court

Mallika Rajan vs The District Collector on 23 June, 2021

WP(C) NO. 12578 OF 2021            1

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
       THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
    WEDNESDAY, THE 23RD DAY OF JUNE 2021 / 2ND ASHADHA, 1943
                      WP(C) NO. 12578 OF 2021
PETITIONER:

           MALLIKA RAJAN,
           AGED 65 YEARS
           W/O. RAJAN, ATHIPARAMBIL HOUSE,
           VELIYANAD VILLAGE, PULIMKUNNU PO,
           KUTTANAD TALUK, ALAPPUZHA - 688 504

          BY ADVS.
          SADCHITH.P.KURUP
          C.P.ANIL RAJ



RESPONDENTS:

1          THE DISTRICT COLLECTOR, COLLECTORATE,
           ALAPPUZHA 688 001

2          THE TAHSILDAR, TALUK OFFICE,
           KUTTANAD, ALAPPUZHA - 688 502

3          THE VILLAGE OFFICER
           VELIYANAD VILLAGE OFFICE
           ALAPPUZHA 689 590



             SMT VIDYA AC, GOVERNMENT PLEADER



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2021,     THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 12578 OF 2021                  2

                                   JUDGMENT

The petitioner states that he is the owner in title and possession of 25

cents of property falling in Sy.Nos.272/1A2 and 270/7A of Veliyanad Village.

The aforesaid property was purchased by him as per Document

Nos.3281/1983 and 10/1987 of the Pulimkunnu SRO. He contends that he

has been remitting tax in respect of the above property as is evident from

Exhibit-P1 tax receipt. There were disputes between the petitioner and the

neighbouring property owner and in such circumstances the petitioner

instituted O.S.No.11 of 2005 before the Munsiff Court, Alappuzha. By

Exhibit-P2 judgment, the suit instituted by the petitioner herein was

dismissed. The judgment was challenged before the Appellate Court and by

judgment dated 3.3.2015 in A.S.No.78 of 2011, the appeal was allowed and

the following directions were issued:

"Considering the submissions made by the appellant I am inclined to set aside the judgment and decree of the court below for the limited purpose of measuring out the property of the appellant after rectifying the mistakes committed in the survey number and locate it by measuring the same with reference to its title deed or deeds and corresponding survey reports. The appellant has admitted that there is no boundary around her property. Under these circumstances it is highly necessary to measure out the property of appellant on the strength of Exts.A1 and A2 documents after rectifying the survey numbers. Therefore the appeal is only to be allowed.

In the result, the appeal is allowed and the judgment and decree of the lower court is set aside for measuring out the property of the appellant after rectifying the mistakes committed in the survey

number and locate it by measuring the same with reference to its title deed or deeds and corresponding survey reports."

2. In tune with the directions issued by the District Court, the

petitioner submitted Exhibit-P4 representation before the District Collector,

Alappuzha seeking a direction to the 2nd respondent to implement the order

and to measure out the property. The grievance of the petitioner is that

though Exhibit-P4 request was made on 25.2.2021, no action has been

taken till date. It is in the afore circumstances that the petitioner is before

this Court seeking the following relief:

"(i) issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to take up Ext.P4 representation and measure out the petitioner's property on the basis of the documents of title and make necessary corrections in the revenue records if found necessary, within a time limit to be prescribed by this Honourable Court."

3. I have heard Sri.Sadchith P. Kurup, the learned counsel

appearing for the petitioner and the learned Government Pleader.

4. Having regard to the facts and circumstances and the

submissions made across the Bar, I direct the 1st respondent to take up

Exhibit-P4 representation and forward the same to the 2nd respondent, who

shall take necessary steps to implement the directions issued by the

Additional District Judge-I, Alappuzha in judgment dated 3.3.2015 in

A.S.No.78 of 2011. The entire exercise shall be completed with notice to

the petitioner, expeditiously, at any rate, within a period of three months

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

The writ petition is disposed of.

Sd/-