V.P.Moosa vs State Of Kerala
2023 Latest Caselaw 4925 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                      THE HONOURABLE MR. JUSTICE GOPINATH P.
       THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
                              WP(C) NO. 13698 OF 2023
PETITIONER:

                  V.P.MOOSA
                  AGED 70 YEARS, S/O. PAREETH MARAKKAR, VADAPPILLY HOUSE,
                  AMBATTUKAVU, ALUVA, PIN - 683106

                  BY ADVS.PREEJA V.P.
                  V.P.PRASANTH
                  GEORGE BRISTON
                  VARSHA S.


RESPONDENTS:

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

       2          THE DISTRICT COLLECTOR
                  OFFICE OF DISTRICT COLLECTOR, KAKKANAD, ERNAKULAM, PIN -
                  682030

       3          THE TAHSILDAR,ALUVA TALUK, FIRST FLOOR, MINI CIVIL STATION,
                  CIVIL STATION ROAD, PERIYAR NAGAR, ALUVA, KERALA, PIN -
                  683101

       4          THE TAHSILDAR (LR)
                  ALUVA TALUK, FIRST FLOOR, MINI CIVIL STATION, CIVIL STATION
                  ROAD, PERIYAR NAGAR, ALUVA, KERALA, PIN - 683101

       5          THE VILLAGE OFFICER,CHOORNIKKARA VILLAGE OFFICE, PANCHAYATH
                  BUILDING, THAIKKATTUKARA P O, ALUVA , ERNAKULAM KERALA, PIN
                  - 683106

       6          THE SUPERINTENDENT OF SURVEY
                  DEPARTMENT OF SURVEY, SURVEY BHAVAN, COTTON HILL ROAD,
                  COTTON HILL, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695014


OTHER PRESENT:

                  SRI. BIMAL K NATH (SR GP)


THIS       WRIT    PETITION   (CIVIL)   HAVING    COME   UP   FOR   ADMISSION   ON
13.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.13698/2023                  2

                             JUDGMENT

The petitioner has approached this Court seeking a limited relief.

He prays that Ext.P14 application filed by him before the District

Collector, Ernakulam regarding some mistakes which occurred in

respect of the property to the petitioner during re-survey proceedings be

considered and disposed of by that officer within a time frame to be

fixed by this Court.

2. The learned Senior Government Pleader submits that the

complaint regarding mistakes in the re-survey has to be considered at

the first instance by the 4 th respondent and if the petitioner were to

submit a copy of Ext.P14 before the 4th respondent, the same can be

considered by the 4th respondent, in accordance with law.

Having heard the learned counsel for the petitioner and the

learned Senior Government Pleader appearing for the respondents, this

writ petition will stand disposed of directing the 4 th respondent to

consider Ext.P14 (Ext.P14 is submitted before the District Collector) and

take a decision thereon, after affording an opportunity of hearing to the

petitioner. The 4th respondent shall also advert to all documents and

materials that may be produced by the petitioner. The 4 th respondent

shall endeavour to consider and dispose of Ext.P14 within a period of

three months from the date of receipt of a certified copy of this

judgment. Since Ext.P14 is not submitted before the 4 th respondent and

is submitted before the District Collector, the petitioner shall produce a

copy of the writ petition along with a copy of this judgment before the 4 th

respondent for compliance.

Sd/-

GOPINATH P.

JUDGE

APPENDIX OF WP(C) 13698/2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE GIFT DEED NO: 2870 /1994 OF ALUVA SRO DATED 22.07.1994

Exhibit P2 A TRUE COPY OF THE CORRECTION DEED NO:

2343/2006 OF ALUVA SRO DATED 12.04.2006

Exhibit P3 THE COPY OF THE BASIC TAX RECEIPT NO. 5572282 OF ALUVA WEST VILLAGE DATED 24.11.2006

Exhibit P4 THE COPY OF THE BASIC TAX RECEIPT NO.KL07042203465/22OF CHOORNIKKARAVILLAGE DATED 20.04.2022

Exhibit P5 THE COPY OF THE SKETCH OF THE PROPERTIES COMPRISED IN RE SY NO. 124/2,124/3 AND 124/11 PREPARED BY THE REGISTERED SURVEYOR DATED NIL

Exhibit P6 A COPY OF THE RELEVANT PAGE OF THE SETTLEMENT REGISTER OF ALANGAD TALUK ISSUED BY THE SUPERINTENDENT OF CENTRAL ARCHIVES DATED 18.12.2013

Exhibit P7 A COPY OF THE RELEVANT PAGE OF THE FAIR LAND REGISTER NOS. B 14/5886/2022 DATED 02.08.2022

Exhibit P8 A COPY OF THE RELEVENT PAGE OF THE SUPPLEMENT LAND REGISTER NO: B 14/5887/2022 DATED 02.08.2022

Exhibit P9 PROPERTIES A TRUE COPY OF RESURVEY FMB OF RE SY NO.124 PREPARED BY THE DIRECTOR OF SURVEY AND LAND RECORDS, CIVIL STATION KAKKANAD DATED 19.02.1980

Exhibit P10 A COPY OF OLD SURVEY SKETCH (SY NO. 367/1) ISSUED BY THE CENTRAL SURVEY OFFICE, THIRUVANANTHAURAM DATED 22.07.2011

Exhibit P11 A TRUE COPY OF THE REPLY A5-64/2023 DATED 03.03.2023 ISSUED BY THE SPECIAL TAHSILDAR, NH2, ALUVA

Exhibit P12 A TRUE COPY OF THE BUILDING AGE CERTIFICATE NO:

5065201/74/2023 DATED 01.02.2023 ISSUED BY THE CHOORNIKKARA GRAMA PANCHAYATH

Exhibit P13 A TRUE COPY OF THE GOVERNMENT ORDER GO ( MS) NO: 200/ 2010 REVENUE DEPARTMENT DATED 31.05.2010

Exhibit P14 A TRUE COPY OF THE REPRESENTATION DATED 06.03.2023 SUBMITTED BY THE PETITIONER BEFORE 2ND RESPONDENT