Elizhabeth Peter vs The District Collector
2022 Latest Caselaw 5752 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
                      WP(C) NO. 16285 OF 2022
PETITIONER:

             ELIZHABETH PETER
             AGED 70 YEARS
             D/O. ANDREW AUSTIN,
             NO:19 VRINDHAVAN,
             SUBHASH CHANDRA BOSE ROAD,
             CHETTICHIRA, VYTILLA, KOCHI,
             ERNAKULAM DISTRICT, PIN - 682019
             BY ADVS.
             A.T.ANILKUMAR
             V.SHYLAJA


RESPONDENTS:

     1       THE DISTRICT COLLECTOR
             KOLLAM DISTRICT,
             CIVIL STATION, KOLLAM DISTRICT,
             PIN - 691013.
     2       THE THAHASILDHAR * CORRECTED AS 'THE TAHSILDAR
                                (LAND RECORDS)'
             KOLLAM TALUK,
             CIVIL STATION, KOLLAM DISTRICT,
             PIN - 691013.

             * THE DESIGNATION OF THE 2ND RESPONDENT CORRECTED AS
             'THE TAHSILDAR (LAND RECORDS)' AS PER ORDERE DATED
             27.5.2022 IN W.P(C).
     3       THE VILLAGE OFFICER
             SAKTHIKULANGARA VILLAGE,
             KAVANAD .P.O, KOLLAM DISTRICT
             PIN - 691003
             SMT K AMMINIKUTTY SR GP
      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   27.05.2022,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 16285 OF 2022        2

                           JUDGMENT

The petitioner says that she has preferred Exts.P3 and P5

applications before the 2nd respondent - Tahsildar (LR) under

the provisions of Section 13A of the Kerala Survey and

Boundaries Act, since there are errors with respect to the

property in question, which was earlier owned by her father,

in the resurvey records.

2. Shri.A.T.Anilkumar - learned counsel for the

petitioner, explained that a portion of the afore mentioned

land has now been acquired for the purposes of renovation of

the Kollam Harbour, but that his client is now being denied

compensation with respect to it merely on account of the

errors in the survey records. He, therefore, reiteratingly

prayed that Exts.P3 and P5 be directed to be taken up and

disposed of by the 2nd respondent, without any further delay.

3. In response, the learned Senior Government Pleader

- Smt.K.Amminikutty, submitted that though Ext.P3 has

been preferred before the 2nd respondent - Tahsildar (Land

Records), Ext.P5 representation has been preferred before the

Tahsildar. She submitted that, therefore, this Court may allow

the 2nd respondent - Tahsildar (Land Records) to take up

Ext.P3 and dispose it of in terms of law, which can be done

without any avoidable delay.

4. When I consider the afore submissions, it is without

doubt that Ext.P3 is an application preferred under the

statutory mandate of the Kerala Survey and Boundaries Act.

Certainly, the competent Tahsildar (Land Records) is

obligated to consider the same and issue appropriate orders

thereon following due procedure.

Resultantly, I order this writ petition with a direction to

the 2nd respondent - Tahsildar (Land Records) to take up

Ext.P3 application of the petitioner and dispose it, of after

affording her an opportunity of being heard; thus culminating

in an appropriate order and necessary action thereon, as

expeditiously as is possible, but not later than four months

from the date of receipt of a copy of this judgment.

Needless to say, after the afore exercise is completed

and if it is to her benefit, the petitioner will be entitled to

present the resultant order before the competent Authorities

seeking compensation with respect to the land in question.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/28.5

APPENDIX OF WP(C) 16285/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PATTAYAM BEARING NO:

19732 ISSUED IN FAVOR OF WILFRED AUSTIN IN RESPECT OF 29 CENTS OF PROPERTY Exhibit P2 TRUE COPY OF THE TAX RECEIPT SHOWING THE PAYMENT OF LAND TAX IN RESPECT OF 41 CENTS OF PROPERTY IN THE NAME OF FATHER OF THE PETITIONER, DATED 29.03.1978 Exhibit P3 THE TRUE COPY OF THE REQUEST SUBMITTED BY THE BROTHER OF THE PETITIONER DATE 14.12.2021 Exhibit P4 TRUE COPY OF THE THANDAPER REGISTER IN RESPECT OF 12 CENTS OF PROPERTY Exhibit P5 TRUE COPY OF THE REPRESENTATION TO THE RESPONDENTS 1 TO 3 AND THERE BY REQUESTED TO TAKE EFFECTIVE ACTION TO IDENTIFY THE BOUNDARIES OF 41 CENTS OF PROPERTY FALL IN OLD SY NO. 11072 OF SAKTHIKULANGARA VILLAGE, DATED 18.04.2022