Devassy P.D vs State Of Kerala
2022 Latest Caselaw 5564 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944
                      WP(C) NO. 13143 OF 2022
PETITIONER:

          DEVASSY P.D.
          AGED 80 YEARS
          S/O. OUSEPH DEVASSY, INCHIKKA PALATTY HOUSE,
          EZHATTUMUGHAM P.O., ANGAMALY,
          ERNAKULAM DISTRICT-683577.
          BY ADVS.
          T.T.MUHAMOOD
          A.RENJIT
          V.E.ABDUL GAFOOR
          A.MOHAMMED SAVAD
          NAZEER HUZAIN.H
          T.R.VISHNU


RESPONDENTS:

    1     STATE OF KERALA
          REP. BY THE SECRETARY TO GOVERNMENT, REVENUE
          DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM-695001.
    2     THE DISTRICT COLLECTOR,
          COLLECTORATE, CIVIL STATION, ERNAKULAM, PIN-682030.
    3     THE DIRECTOR,
          DIRECTORATE OF SURVEY AND LAND RECORDS, DEPARTMENT OF
          SURVEY AND LAND RECORDS, THIRUVANANTHAPURAM-695004.
    4     THE DISTRICT SURVEY SUPERINTENDENT,
          COLLECTORATE, CIVIL STATION, ERNAKULAM, PIN-682030.
    5     THE THAHASILDAR,
          TALUK OFFICE, ALUVA, ERNAKULAM-683101.
    6     THE THAHASILDAR,
          TALUK OFFICE, KUNNATHUNAD-683561.
    7     THE VILLAGE OFFICER,
          OFFICE OF THE VILLAGE, AYYAMPUZHA, ERNAKULAM-683581.
          SMT. MABLE C. KURIAN-SR GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13143 OF 2022         2

                           JUDGMENT

The petitioner seeks that certain errors in the resurvey

records be corrected and says that, for such purpose, he has

already preferred Exts.P3 an P4 representations before the

District Collector and the Government of Kerala respectively.

He alleges that in spite of the representations having been

received by the competent Authorities, they have taken no

action thereon and therefore, prays that it be directed to be

done within a time frame to be fixed by this Court.

2. The afore submissions of Shri.T.T.Muhamood - learned

counsel for the petitioner, were answered by Smt.Mable

C.Kurian - learned Senior Government Pleader, saying that

neither Ext.P3 nor Ext.P4 have been preferred by the petitioner

before the competent Authority. She added that even going by

the averments in the writ petition, the petitioner is aware that

such an application ought to have been preferred before the

jurisdictional Tahsildar (Land Records), under the provisions of

Section 13A of the Survey and Boundaries Act ('the Act' for

short). She prayed that since the said Authority has not been

arrayed as a party in this case, no further orders be issued.

3. I have considered the afore submissions and I find

complete favour with the afore contentions of the learned Senior

Government Pleader because, any application under Section

13A of the Act could have been preferred by the petitioner only

before the jurisdictional Tahsildar (Land Records), since he is

the Authority vested with jurisdiction to consider the same.

In the afore circumstances, I order this writ petition to the

limited extent of leaving liberty to the petitioner to approach the

jurisdictional Tahsildar (Land Records) with an appropriate

application under Section 13A of the Act; and if this is done

within a period of one month from the date of receipt of a copy

of this judgment, the same shall be considered after affording

necessary opportunity of being heard to the petitioner and after

adverting to all documents that he may produce; thus

culminating in an appropriate order and necessary action

thereon as expeditiously as is possible, but not later than two

months from the date on which such an application is received.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/26.5

APPENDIX OF WP(C) 13143/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF GO(MS) NO.607/66/AGRI. DATED 20.12.66 (WITH TYPED COPY).

Exhibit P2 TRUE COPY OF ORDER DATED 2.4.1966 ISSUED BY THE MANAGING DIRECTOR, THE PLANTATION CORPORATION OF KERALA LTD. (WITH TYPED COPY).

Exhibit P3 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER'S SON BEFORE THE HON'BLE MINISTER FOR REVENUE ON 19.6.2020.

Exhibit P4 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 17.9.2021.