G.Satheesh Kumar vs State Of Kerala
2021 Latest Caselaw 20449 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
                       WP(C) NO. 14567 OF 2021
PETITIONER:

            G.SATHEESH KUMAR
            AGED 46 YEARS
            S/O.LATE JANARDHANA KURUP, PERUMPALATHU, PADINJATTATHIL
            VEEDU, NJARAKKAD, THALAVOOR P.O., KOLLAM.

            BY ADV B.MOHANLAL


RESPONDENTS:

    1       STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY
            TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT,
            THIRUVANANTHAPURAM - 695001.

    2       THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL LINE,
            CUTCHERY P.O., KOLLAM - 691 013.

    3       THE DEPUTY DIRECTOR, RE-SURVEY COLLECTORATE, CIVIL
            LINES, CUTCHERY P.O., KOLLAM - 691 013.

    4       THE ASSISTANT DIRECTOR, RE-SURVEY, TALUK CUTCHERRY
            P.O., KOLLAM - 691 001.

    5       THE TAHASILDAR (LR)
            TALUK OFFICE, PATHANAPURAM, KOLLAM - 689 695.

    6       THE SURVEY SUPERINTENDENT
            RE-SURVEY TALUK OFFICE, CIVIL STATION, KARUNAGAPPALLY,
            KARUNAGAPPALLY - 690 518.

    7       THE VILLAGE OFFICER
            THALAVOOR VLILLAGE, THALAVOOR P.O., KOLLAM - 691 508

            SRI. RAJEEV JYOTHIS GEORGE- GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14567 OF 2021
                                     2


                                JUDGMENT

The petitioner is stated to be the owner of 1 acre 30

cents of land in Thalavoor Village and he claims ownership

and possession on it, through Exts.P1 to P3(a) documents and

Exts.P16 and P17 series"Pattayam Register" and tax receipts

respectively. He says that when a resurvey was conducted,

there was a mistake committed with respect to the property

and therefore, that the Transfer of Registry was not effected

in his favour, because it was wrongly shown as being

Government land in the resurvey records.

2. The petitioner says that the resurvey in Thalavoor

Village has not been completed, but that Ext.P11 application

preferred by him on 02.12.2019 pursuant to the directions of

this Court in Ext.P10 judgment, was rejected by the fourth

respondent, through Ext.P12, merely saying that the resurvey

works in Thalavoor Village has been stopped for the time

being and that the same will be considered only after it

commences.

3. The petitioner says that he challenged Ext.P12 before

this Court and obtained Ext.P13 judgment, wherein, WP(C) NO. 14567 OF 2021

directions were issued to the fourth respondent to complete

the process of resurvey within three months, but that since no

action was taken thereon, he preferred Ext.P14 reminder,

followed by filing a Contempt of Court Case before this Court,

namely C.O.(C) No.366/2021.

4. The petitioner alleges that this infuriated the fourth

respondent and he rejected his application through Ext.P15

order; and contends that the said order is wholly untenable

and illegal, particularly because the aforementioned records

clearly show that he is in ownership and possession of the

property. He, therefore, prays that Ext.P15, as also the

earlier proceedings - namely Exts.P7 and P9 - be set aside and

the competent Authority be directed to rectify the mistakes in

the resurvey records, with respect to their property within a

time frame to be fixed by this Court

5. I have heard Sri.B.Mohanlal, learned counsel for the

petitioner and Sri.Rajeev Jyothish George, learned

Government Pleader.

6. Interestingly, the learned Government Pleader

submitted that the resurvey with respect to the Thalavoor

village is still going on and that it is only thereafter can the WP(C) NO. 14567 OF 2021

petitioner prefer any application for correction. He added

that the notification under Section 13A of the Survey and

Boundaries Act is yet to be published and thus argued that

this writ petition is premature.

7. When I hear the the learned Government Pleader as

afore, it becomes obvious that Ext.P15 order now issued by

the fourth respondent cannot obtain favour in law because it

has made certain observations and conclusions which appear

to be, prima facie, contrary to the truth and the correct

factual circumstances. It is virtually admitted that the

petitioner's property has been shown as Government land in

resurvey records, but this is exactly what they are seeking to

get corrected through their various applications. However,

every time such applications have been rejected for one

reason or the other, but it is pertinent that this has been done

even without the resurvey being completed.

8. Certainly, therefore, the impugned orders cannot get

support in law, especially because the learned Government

Pleader says that the resurvey of the Thalavoor Village is only

being completed and a statutory notification is yet to be

published.

WP(C) NO. 14567 OF 2021

9. Resultantly and taking note of Ext.P13 judgment of

this Court, I allow this writ petition and set aside Exts.P7, P9

and P15; with a consequential direction to the fourth

respondent to reconsider Ext.P11 application of the petitioner,

as soon as the resurvey of the Thalavoor Village is completed.

This shall be done after affording him an opportunity of being

heard and after assessing all his documents, including the

ones which have been referred in this judgment.

I deem it also necessary, again taking note of the specific

directions in Ext.P13, that the resurvey of the village be

completed without any further delay but not later six months

from the date of receipt of a copy of this judgment, which

period I accede to on account of the fervent plea of the

learned Government Pleader.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 14567 OF 2021

APPENDIX OF WP(C) 14567/2021

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE SALE DEED NO.3599/1983 DATED 02/09/1983 OF PATHANAPURAM SUB REGISTRY EXECUTED IN FAVOUR OF SRI.GANGADHARA KURUP.

Exhibit P2 THE TRUE COPY OF THE SALE DEED NO.561/1983 DATED 09/02/1983 OF PATHANAPURAM SUB REGISTRY EXECUTED IN FAVOUR OF SRI.GANGADHARA KURUP.

Exhibit P3 THE TRUE COPY OF THE SALE DEED NO.553/1982 DATED 15/02/1982 OF PATHANAPURAM SUB REGISTRY EXECUTED IN FAVOUR OF SRI.GANGADHARA KURUP.

Exhibit P3A THE TRUE COPY OF THE RELINQUISHMENT DEED NO.4124/1986 DATED 01/10/1986 OF PATHANAPURAM SUB REGISTRY OFFICE EXECUTED IN FAVOUR OF SRI.GANGADHARA KURUP.

Exhibit P4 THE TRUE COPY OF THE DEATH CERTIFICATE DATED 26/04/2011 OF THE PETITIONER'S FATHER SRI.GANGADHARA KURUP OBTAINED FROM THALAVOOR GRAMA PANCHAYATH.

Exhibit P5 THE TRUE COPY OF THE APPLICATION DATED 07/11/2016 SUBMITTED BY THE PETITIONER'S MOTHER SMT.J.SANTHAMMA BEFORE THE 6TH RESPONDENT.

Exhibit P6 THE TRUE COPY OF THE APPLICATION DATED 24/10/2017 SUBMITTED BY THE LEGAL HEIRS OF SRI.GANGADHARA KURUP BEFORE THE DISTRICT COLLECTOR, KOLLAM.

Exhibit P7 THE TRUE COPY OF THE REPORT NO.B3-643/17 DATED 21/03/2018 SUBMITTED BY THE 6TH RESPONDENT TO THE 4TH RESPONDENT.

WP(C) NO. 14567 OF 2021

Exhibit P8 THE TRUE COPY OF THE APPLICATION DATED 07/05/2018 SUBMITTED BY THE PETITIONER ALONG WITH HIS SIBLINGS AND MOTHER BEFORE THE 4TH RESPONDENT.

Exhibit P9 THE TRUE COPY OF THE REPORT NO.B3/643/17 DATED 25/06/2019 ISSUED BY THE 6TH RESPONDENT SURVEY SUPERINTENDENT TO THE 4TH RESPONDENT.

Exhibit P10 THE TRUE COPY OF THE JUDGMENT DATED 14/11/2019 IN WP(C) NO.24575/2019 OF THIS HON'BLE COURT.

Exhibit P11 THE TRUE COPY OF THE APPLICATION DATED 02/12/2019 FILED BY THE PETITIONER ALONG WITH THE MOTHER OF THE PETITIONER AND HIS SIBLINGS BEFORE THE 4TH RESPONDENT IN LIEU OF EXT.P10 JUDGMENT.

Exhibit P12 THE TRUE COPY OF THE ORDER NO.D4-2513/17 DATED 27/01/2020 ISSUED BY THE 4TH RESPONDENT.

Exhibit P13 THE TRUE CERTIFIED COPY OF THE JUDGMENT DATED 11/03/2020 IN WP(C) NO.3896/2020 OF THIS HON'BLE COURT.

Exhibit P14 THE TRUE COPY OF THE REMINDER DATED 25/01/2021 SENT BY THE PETITIONER ALONG WITH HIS SIBLINGS AND MOTHER BEFORE THE 4TH RESPONDENT.

Exhibit P15 THE TRUE COPY OF THE ORDER NO.D3-408/2020 DATED 12/05/2021 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.

Exhibit P16 THE TRUE COPY OF THE RELEVANT PAGES OF THE PATTAYAM REGISTER OBTAINED BY THE PETITIONER FROM THE 5TH RESPONDENT.

Exhibit P17 THE TRUE COPY OF THE TAX RECEIPT DATED 04/11/2020 ISSUED BY THE 7TH RESPONDENT IN WP(C) NO. 14567 OF 2021

FAVOUR OF THE LEGAL HEIRS OF SRI.GANGADHARA KURUP.

Exhibit P17A THE TRUE COPY OF THE TAX RECEIPT DATED 04/11/2020 ISSUED BY THE 7TH RESPONDENT IN FAVOUR OF THE LEGAL HEIRS OF SRI.GANGADHARA KURUP.

Exhibit P17B THE TRUE COPY OF THE TAX RECEIPT DATED 03/12/2020 ISSUED BY THE 7TH RESPONDENT IN FAVOUR OF THE LEGAL HEIRS OF SRI.GANGADHARA KURUP.

Exhibit P18 THE TRUE COPY OF THE REPLY NO.B2/618/18 DATED 09/08/2019 ISSUED BY THE 6TH RESPONDENT UNDER RIGHT TO INFORMATION ACT ISSUED TO THE PETITIONER.

Exhibit P19 THE TRUE COPY OF THE RE-SURVEY LAND REGISTER AND SKETCH MAINTAINED BY THE 4TH RESPONDENT IN RESPECT OF THE PROPERTY OF THE PETITIONER.

Exhibit P20 THE TRUE COPY OF THE SKETCH AND MEASUREMENTS PREPARED BY THE SURVEYOR SRI.SURENDRANADHAN PILLAI IN RESPECT OF THE PROPERTY OF THE PETITIONER.