Kerala High Court
K.N.Narayanan Nampoothiri vs State Of Kerala on 30 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943
WP(C) NO. 12272 OF 2021
PETITIONER:
K.N.NARAYANAN NAMPOOTHIRI
AGED 86 YEARS
S/O. LATE NARAYANAN NAMPOOTHIRI, EDASSERI
THEKKILLAM, VAZHAPPALLY EAST VILLAGE, CHANGANACHERRY
TALUK, KOTTAYAM DISTRICT
BY ADVS.
P.HARIDAS
BIJU HARIHARAN
P.C.SHIJIN
RISHIKESH HARIDAS
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT
OF REVENUE, GOVT.SECRETARIAT,
THIRUVANANTHAPURAM,PIN-695 001
2 DISTRICT COLLECTOR
KOTTAYAM, COLLECTORATE, KOTTAYAM,PIN-686 002
3 DISTRICT SURVEY SUPERINTENDENT
KOTTAYAM COLLECTORATE, KOTTAYAM, PIN-686 002
4 TAHSILDAR (LAND RECORDS), CHANGANASSERY,
TALUK OFFICE, CHANGANASSERY, PIN-686 101
5 VILLAGE OFFICER,
VAZHAPPALLY VILLAGE, VILLAGE OFFICE, VAZHAPPALLY,
PIN-686 103.
*ADDNL.R6 TALUK SURVEYOR, CHANGANASSERY.
*(ADDITIONAL R6 IS SUO MOTU IMPLADED AS PER ORDER
DATED 30.9.2021)
WP(C) NO. 12272 OF 2021
2
SHRI.ASWIN SETHUMADHAVAN - SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 30.09.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 12272 OF 2021
3
JUDGMENT
The petitioner asserts that he is the owner in
possession of 1 Acre 20 cents of property, comprised
in Survey No.3/2012 of Vazhappally Village and that
this is reflected in the Thandaper Account No.97/2765
in his favour. He says that, however, there is a
reduction of 6.5 Ares of property in his account and
therefore, that he has approached the competent
Authorities for the survey of the property, which
alone can find resolution to this discrepancy.
2. The petitioner, therefore, prays that
respondents 2 to 5 be directed to conduct a survey of
the properties of the petitioner covered by Ext.P1
and to restore to him an extent of 50.49 Ares of
property in his Registry, thus leading to remittance
of land tax by him on the same.
3. The learned Senior Government Pleader -
Shri.Aswin Sethumadhavan, answered the afore
submissions of Shri.P.Haridas, learned counsel for
the petitioner, saying that action on the
WP(C) NO. 12272 OF 2021
petitioner's request has already been initiated and
that the jurisdictional Taluk Surveyor has been
directed to measure the property. He submitted that
as soon as the Taluk Surveyor measures the property
and files a report, the 4th respondent - Tahsildar
(Land Records) will consider the petitioner's plea
for quantification of the extent of property in his
account.
Taking note of the afore submissions and since
the petitioner has only sought for a survey of his
property, I allow this writ petition with the
following directions:
(a) The 6th respondent - Taluk Surveyor will
complete the survey of the property of the petitioner
covered by Ext.P1 within a period of three months
from the date of receipt of a copy of this judgment.
(b) On the Taluk Surveyor completing the survey
and handing over the sketch and report to the 4 th
respondent - Tahsildar (Land Records), said Authority
will immediately hear the petitioner and take a
WP(C) NO. 12272 OF 2021
decision on his request for including an extent of
50.49 Ares of land in his Registry.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
MC/30.9
WP(C) NO. 12272 OF 2021
APPENDIX OF WP(C) 12272/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PARTITION DEED
NO.2497/1967 OF CHANGANASSERY SRO DATED
12.09.1967
Exhibit P2 TRUE COPY OF THE TAX RECEIPT DATED
25.8.2016
Exhibit P2(A) TRUE COPY OF THE TAX RECEIPT DATED
7.6.2019
Exhibit P2(B) TRUE COPY OF THE SURVEY PLAN OF THE
PROPERTY
Exhibit P3 TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE PETITIONER TO THE 2ND RESPONDENT
DATED 31.03.2021
Exhibit P4 TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE PETITIONER TO THE 3RD RESPONDENT
DATED 31.03.2021
Exhibit P5 TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE PETITIONER TO THE 4TH RESPONDENT
DATED 31.03.2021
