Johny vs State Of Kerala
2021 Latest Caselaw 22627 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

    FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943

                        WP(C) NO. 24001 OF 2021

NAME AND ADDRESS OF THE PETITIONER:

          JOHNY
          AGED 75 YEARS
          S/O. KOCHUOMMEN, JOHNY BHAVANAM, THOTTATHUM MURI, PATHIYOOR
          VILLAGE, PATHIYOOR P.O, KAYAMKULAM, PIN 690 106

          BY ADVS.
          P.BIJIMON
          N.SURESH
          JACOB SAMUEL
          K.T.SEBASTIAN



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,
          THIRUVANANTHAPURAM 695 001

    2     DIRECTOR
          DIRECTORATE OF SURVEY AND LAND RECORDS, SURVEY AND LAND
          RECORDS DEPARTMENT, VAZHUTHACAD, THIRUVANANTHAPURAM 695
          014

    3     DISTRICT COLLECTOR,
          COLLECTORATE, CIVIL STATION WARD, ALAPPUZHA PIN 688 001

    4     TAHSILDAR,
          KARTHIKAPPALLY TALUK OFFICE, HARIPAD 690 514

    5     VILLAGE OFFICER
          PATHIYOOR VILLAGE OFFICE, PATHIYOOR ALAPPUZHA DISTRICT 690 106
                                       2


W.P.(C)No. 24001 of 2021




             SR GP SMT AMMINIKKUTTY




       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

19.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                3


W.P.(C)No. 24001 of 2021




                           JUDGMENT

Dated this the 19th day of November, 2021.

The petitioner submits that he has made specific

allegations against certain officers of the Revenue

Department - pointing out the manipulation and material

alterations as regards the "Thandaper Register" and

"Basic Tax Register" relating to the land comprised in

"Thandaper" No.889 in Re.Sy.No.795/6 of Pathiyoor

Village - through Ext.P4, before the Director Surveyor

and Land Records and that the same was forwarded to

the Survey Vigilance Officer, attached to the office of the

Survey Director for necessary action, as is evident from

Ext.P5. The petitioner says that since no action was

taken thereafter, he preferred Ext.P7 request before the

District Collector and prays that both Exts.P5 and P7 be

W.P.(C)No. 24001 of 2021

directed to be taken up and disposed of at the earliest.

2. In response, Smt.K.Amminikutty - learned

Senior Government Pleader, submitted that the

allegations of the petitioner, that no action was taken on

Exts.P5 and P7, are not correct because the District

Collector has already sought for reports and necessary

inputs. She submitted that, further and consequential

action will be completed, after affording the petitioner an

opportunity of being heard, without any avoidable delay.

Taking note of the afore submissions, I order this

writ petition and direct the 3rd respondent - District

Collector, to complete the enquiry and proceedings on

Exts.P5 and P7 after affording necessary opportunities of

being heard to the petitioner and to any other person,

who may be effected; thus culminating in an appropriate

order and necessary action thereon, as expeditiously as

is possible but not later than three months from the date

W.P.(C)No. 24001 of 2021

of receipt of a copy of this judgment.

Sd/-

DEVAN RAMACHANDRAN JUDGE

Raj/22.11.2021.

W.P.(C)No. 24001 of 2021

APPENDIX OF WP(C) 24001/2021

PETITIONER EXHIBITS

Exhibit P1 THE COPY OF EXTRACT OF BTR IN RESPECT OF PROPERTIES COMPRISED IN RESY NO. 795/5 WHICH BELONGS TO THE PETITIONER AND THAT OF PROPERTY IN RESY NO. 795/6 OF PATHIYOOR VILLAGE, KARTHIKAPPALLY TALUK ALAPPUZHA DISTRICT.

Exhibit P2 THE COPY OF AN ACKNOWLEDGMENT RECEIVED VIDE COMMUNICATION NO. A9- 21294/2017 NIL DATED FROM THE OFFICE OF COLLECTOR INFORMING THE RECEIPT OF COMPLAINT BY THE PETITIONER AND FORWARDING THE SAME FOR FURTHER FOLLOW UP ACTION

Exhibit P3 THE COPY OF APPLICATION SUBMITTED UNDER RTI AS WELL AS COMMUNICATION DATED 12-02-2021 RECEIVED IN THIS REGARD FROM THE OFFICE OF 4TH RESPONDENT

Exhibit P4 THE COPY OF COMPLAINT DATED 20-02-

2020 SENT TO RESPONDENT NO.2 DIRECTOR, SURVEY AND LAND RECORDS DEPARTMENT THIRUVANANTHAPURAM

Exhibit P5 THE COPY OF COMMUNICATION DATED 11-

05-2020 RECEIVED VIDE FILE NO.

DSLR/609/2020-S4 FROM THE OFFICE OF 2ND RESPONDENT

W.P.(C)No. 24001 of 2021

Exhibit P6 TRUE COPY OF COMPLAINT DATED 09-02-

2021 SENT TO LAND REVENUE COMMISSIONER THIRUVANANTHAPURAM

Exhibit P7 THE COPY OF THE REPRESENTATION GIVEN TO THE 3RD RESPONDENT BY WAY OF A REMINDER ON 12-01-2021

Exhibit P8 A COPY OF THE COMMUNICATION DATED 10-02-2021 VIDE FILE NO DCALP/2023- 2020/C1 ISSUED TO TAHSILDAR (LAND RECORDS) KARTHIKAPPALLY BY DEPUTY COLLECTOR(LAND REFORMS)