Abdul Vahid vs District Collector
2021 Latest Caselaw 21844 Ker

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                            PRESENT

                     THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

              WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943

                                    WP(C) NO. 20667 OF 2021

PETITIONER:

                ABDUL VAHID
                AGED 49 YEARS
                S/O.ABDU, KARUKAPADATH HOUSE, EDVANAKAD P.O., KOCHI 682 502

                BY ADV DENIZEN KOMATH




RESPONDENTS:

      1         DISTRICT COLLECTOR
                COLLECTORATE KAKKANAD, ERNAKULAM DISTRICT, PIN 682 030

      2         REVENUE DIVISIONAL OFFICER
                O/O.REVENUE DIVISIONAL OFFICE, FORT KOCHI PIN 682 001

      3         TAHZILDAR
                TALUK OFFICE, FORT KOCHI PIN 682 001

      4         VILLAGE OFFICER
                EDAVANAKAD VILLAGE, KOCHI, PIN 682 502

      5         DISTRICT SURVEY SUPERINTENDENT,
                COLLECTORATE, KAKKANAD, ERNAKULAM PIN 682 030

      6         ADDL.R6; THE TAHSILDAR (LR) KANAYANNUR TALUK OFFICE ERNAKULAM KOCHI 682011

                IS SUO MOTU IMPLEADED AS PER ORDER DATED 17.11.2021




                SMT. RESMITHA RAMACHANDRAN.G.P




       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.11.2021, THE COURT ON THE

SAME DAY DELIVERED THE FOLLOWING:
                                2

W.P.(C)No. 20667 of 2021




                           JUDGMENT

Dated this the 3rd day of November, 2021.

The petitioner says that his parents purchased the

property involved in this case and that it was remaining as

a "garden land" with freehold rights. He says that,

however, when a resurvey was conducted in the year 1994,

without his knowledge or that of his parents, the property

in question was classified as a "Government Land" and that

he came to be aware of it only when he attempted to pay

land tax on it in the year 2007. He says that, he

immediately preferred an application for rectification of the

resurvey, which has now led to Ext.P4 report to be settled

by the Village Officer; but accuses the competent Authority

of not having taken any action or steps pursuantly to

rectify the records.

W.P.(C)No. 20667 of 2021

2. The petitioner, therefore, prays that the

competent among the respondents be directed to act as

per Ext.P4 and complete the proceedings with respect to

his request for rectification of the resurvey records, within

a time frame to be fixed by this Court.

3. Smt.Reshmitha Ramachandran - learned

Government Pleader appearing for the respondents,

submitted that action pursuant to Ext.P4 is still underway;

but that, in the meanwhile, the file had to be transferred

from the 3rd respondent to the 6th respondent. She

submitted that, therefore, the 6th respondent is now willing

to take up the issue and complete the proceedings

thereon, without any avoidable delay.

4. When I consider the afore submissions, it is

without doubt that Ext.P4 makes certain observations and

recommendations in terms of the petitioner's request.

Obviously, therefore, final action pursuant thereto will have

W.P.(C)No. 20667 of 2021

to be completed without any avoidable delay, particularly

when the petitioner has been awaiting relief for the last

more than 14 years.

In the afore circumstances, I order this writ petition

and direct the 6th respondent - Tahsildar (LR), to

immediately take up the request of the petitioner for

rectification of the survey records, after affording him an

opportunity of being heard; thus culminating in an

appropriate order and necessary action thereon,

specifically adverting to Ext.P4 report of the Village Officer,

as expeditiously as is possible but not later than three

months from the date of receipt of a copy of this

judgment.

Needless to say, if, after the afore excercise, the

records are rectified as requested by the petitioner, he will

be at full liberty to approach the jurisdictional Village

Officer, who shall thereupon, allow him to remit the land

W.P.(C)No. 20667 of 2021

tax on the property, so as to enable him to enjoy the same

without impediment in future.

Sd/-

DEVAN RAMACHANDRAN JUDGE

Raj/03.11.2021.

W.P.(C)No. 20667 of 2021

APPENDIX OF WP(C) 20667/2021

PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF DOCUMENT NO.945/78 OF KUZHUPPILLY SRO DATED 28.8.1978 Exhibit P1(a) TRUE PHOTOCOPY OF DOCUMENT NO.423/80 DATED 11.12.1980 Exhibit P1(b) TRUE PHOTOCOPY OF SALE DEED BEARING DOCUMENT NO.1785/86 OF KUZHUPPILLY SRO DATED 12.11.1986 Exhibit P1(C) TRUE PHOTOCOPY OF DOCUMENT NO.1143/80 SRO KUZHUPPILLY DATED 27.08.1980 Exhibit P2 TRUE PHOTOCOPY OF THE DEATH CERTIFICATE OF PETITIONER'S FATHER ADBU K.K. DATED 7.4.2003 Exhibit P2(A) TRUE PHOTOCOPY OF THE DEATH CERTIFICATE OF PETITIONER'S MOTHER SAFIA N.A.DATED 4.7.2013 Exhibit P3 TRUE PHOTOCOPY OF THE RELATIONSHIP CERTIFICATE BETWEEN SAFIA AND THE PETITIONER ISSUSED FROM THE EDVANAKAD VILLAGE OFFICE TO THE PETITIONER DATED 18.2.2015 Exhibit P4 TRUE PHOTOCOPY OF REPORT SUBMITTED BY THE SURVEYOR DATED 22.8.2008 Exhibit P5 TRUE PHOTOCOPY OF THE NOTICE ISSUED UNDER FORM NO.6 BY THE 3RD RESPONDENT TO THE PETITIONER'S MOTHER DATED 4.9.2012 Exhibit P5(A) TRUE PHOTOCOPY OF THE NOTICE ISSUED UNDER FORM NO.6 BY THE 3RD RESPONDENT

W.P.(C)No. 20667 of 2021

IN THE NAME OF PETITIONER'S FATHER DATED 4.9.2012 Exhibit P6 TRUE PHOTOCOPY OF THE INTIMATION DATED 2.11.2012 ISSUED BY THE 3RD RESPONDENT Exhibit P7 TRUE PHOTOCOPY OF THE PATTAYAM ISSUED BY 3RD RESPONDENT AS LA NO.2/69 DATED 2.3.1970 Exhibit P7(A) TRUE PHOTOCOPY OF THE PATTAYAM ISSUED BY 3RD RESPONDENT AS LA 5/69 DATED 3.3.1970 Exhibit P7(B) TRUE PHOTOCOPY OF THE PATTAYAM ISSUED BY 3RD RESPONDENT AS LA NO.6/69 DATED 3.3.1970 Exhibit P7(C) TRUE PHOTOCOPY OF THE PATTAYAM ISSUED BY 3RD RESPONDENT AS LA NO.9/69 DATED 3.3.1970 Exhibit P8 TRUE PHOTOCOPY OF THE SKETCH PREPARED BY 3RD RESPONDENT'S OFFICE DATED NIL