A.Jyothi vs The Tahsildar
2023 Latest Caselaw 1930 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
         THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
  FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
                 WP(C) NO. 28594 OF 2022
PETITIONER:

         A.JYOTHI,
         AGED 53 YEARS
         WO K.VINOD KUMAR,
         RESIDING AT AMRITHASREE,
         NEAR VIZHIMJAM GOVT. L.P.S.,
         VIZHIMJAM JUCTION,
         VIZHINJAM P.O.,
         VIZHINJAM VILLAGE,
         NEYATTINKARA TALUK,
         THIRUVANANTHAPURAM DISTRICT
         PIN-695521.

         BY ADVS.VADAKARA V.V.N.MENON
                 N.S.GOPAKUMAR
RESPONDENTS:

    1    THE TAHSILDAR,
         TALUK OFFICE,
         NEYATTINKARA,
         NEYATTINKARA TALUK,
         THIRUVANANTHAPURAM DISTRICT,
         PIN-695121.

    2    THE VILLAGE OFFICER,
         VIZHINJAM VILLAGE,
         VIZHINJAM,
         VIZHINJAM P.O.,
         NEYATTINKARA TALUK,
         THIRUVANANTHAPURAM DISTRICT,
         PIN-695521.

    3    THE RE-SURVEY SUPERINTENDENT,
         OFFICE OF THE RE SURVEY SUPERINTENDENT,
         NEYATTINKARA PIN-695121.

    4    THE DISTRICT COLLECTOR,
         THIRUVANANTHAPURAM DISTRICT,
         COLLECTRATE,
         KUDAPANAKKUNNU,
         PEROORKADAP.O.
         THRIUVANANTHAPURAM
         PIN.695043.
 W.P.(C.) No. 28594/2022        2


     5      THE STATE OF KERALA,
            REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,
            GOVT. SECRETARIATE,
            THIRUVANANTHAPURAM,
            PIN-695001.

     6      VIZHINJAM VADAKKEBHAGAM MUSLIM JAMA-AT,
            NEAR VIZHINJAM JUNCTION,
            VIZHINJAM, VIZHINJAM P.O.
            VIZHINJAM VILLAGE,
            NEYATTINKARA TALUK,
            THIRUVANANTHAPURAM DISTRICT,
            PIN-695521,
            REPRESENTED BY ITS SECRETARY.

     7      THE PRESIDENT,
            VIZHINJAM VADAKKEBHAGAM MUSLIM JAMA-AT,
            NEAR VIZHINJAM JUNCTION,
            VIZHINJAM, VIZHINJAM P.O.,
            VIZHINJAM VILLAGE,
            NEYATTINKARA TALUK, THIRUVANANTHAPURAM.
            DISTRICT, PIN-695521.

            R1 TO R5 BY SMT. VIDYA KURIAKOSE, GOVERNMENT
            PLEADER
            R6 BY C.UNNIKRISHNAN (KOLLAM)(K/864/1994)
            BY ADVS.UTHARA A.S
                    D.JAYAKRISHNAN(K/975/2006)
                    ANANDA PADMANABHAN(K/597/2017)
                    VIVEK NAIR P.(K/1216/2021)




      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD     ON    03.02.2023,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C.) No. 28594/2022               3




                               JUDGMENT

Petitioner is the owner of 2 cents and 803 square

links of property in Re-Survey Nos. 167/9 and 167/9-1 of

Vizhinjam Village with a building. According to the

petitioner, she obtained the same as per Ext.P1 sale deed

which is a part of more extent of property. It is further

submitted that the remaining 578 square links of property

with two shop rooms in the ground floor was given prior to

that as a gift to the sixth respondent - Jam-at as per

Ext.P2 gift deed. It is further submitted that the petitioner

effected mutation and is remitting continuously the

property tax, building tax and was also paying water,

electricity and other charges upto the year 2022. Anyhow,

the main grievance put forth by the petitioner is that when

re-survey was conducted a portion of the property

belonging to the petitioner, is included in the property of

the sixth respondent, Jama-at. Anyhow the Village Officer,

Vizhinjam as per Ext.P19 communication dated 03.06.2022

informed the Taluk Tahsildar, that the petitioner is in

possession of the entire extent of property bounded with

compound walls and recommended for conducting survey

through the Taluk Surveyor, taking into account BTR and

TPR copies.

2. In my considered opinion, when the Village

Officer concerned has reported so, it is for the Taluk

Surveyor to undertake necessary survey and finalise the

proceedings. This is more so, when petitioner has a case

that the property in possession of the petitioner is included

in the Re-survey to the property of sixth respondent

without the knowledge of the petitioner.

Therefore, I think it is only appropriate that the writ

petition is disposed of with suitable directions. After having

heard Sri.Vadakara V.V.N. Menon, learned counsel for the

petitioner and Smt. Vidya Kuriakose, learned Government

Pleader and Sri. C. Unnikrishnan, learned counsel for the

sixth respondent, the writ petition is disposed of directing

the Taluk Tahsildar to conduct survey of the properties in

question, taking into account Ext.P19 recommendation

made by the Village Officer, Vizhinjam dated 03.06.2022, at

the earliest, and at any rate, within four months from the

date of receipt of a copy of this judgment, after providing

notice of hearing to the petitioner, sixth respondent and all

other persons concerned.

Sd/-

SHAJI P. CHALY JUDGE

DCS/06.02.2023

APPENDIX PETITIONER EXHIBITS

EXHIBIT P1 TRUE PHOTOCOPY OF SALE DEED NO. 2755 DATED 21/12/2012 OF VENGANOOR SUB- REGISTERY EXECUTED IN FAVOR OF THE PETITIONER.

EXHIBIT P2 TRUE PHOTOCOPY OF GIFT DEED NO. 2500 DATED 11/08/1967 OF VENGANOOR SUB- REGISTRY EXECUTED IN FAVOR OF THE 6TH RESPONDENT.

EXHIBIT P3 TRUE PHOTOCOPY OF PROPERTY TAX RECEIPT NO. 0959508 DATED 29/01/2013 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT.

EXHIBIT P4 TRUE PHOTOCOPY OF PROPERTY TAX RECEIPT NO. KL 01042909583/2021 DATED 30/09/2021ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT.

EXHIBIT P5 TRUE PHOTOCOPY OF BUILDING TAX RECEIPT NO. 12/122050101507 DATED 4.6.2022 ISSUED TO THE PETITIONER BY THE CORPORATION OF THIRUVANANTHAPURAM.

EXHIBIT P6 TRUE PHOTOCOPY OF DEMAND AND DISCONNECTION NOTICE DATED 18/06/2022 ISSUED TO THE PETITIONER FROM THE OFFICE OF THE KERALA WATER AUTHORITY.

EXHIBIT P7 TRUE PHOTOCOPY OF ELECTRICITY BILL PAYMENT RECEIPT DATED 05/08/2022 ISSUED TO THE PETITIONER.

EXHIBIT P8 TRUE PHOTOCOPY OF THANDAPER KANAKKU RECEIPT NO. 1185/15 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT

EXHIBIT P9 TRUE PHOTOCOPY OF THE BUILDING POSSESSION CERTIFICATE NO.

VZ/A3/1803/13 DATED 20/07/13 ISSUED TO THE PETITIONER FROM THE VIZHINJAM ZONAL OFFICE.

EXHIBIT P10 SERIES TRUE PHOTOCOPY OF POSSESSION CERTIFICATE NO. 1185/2015 DATED 23/02/2015 ALONG WITH LOCATION CERTIFICATE AND LOCATION SKETCH ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT.

EXHIBIT P11 TRUE PHOTOCOPY OF ENCUMBRANCE CERTIFICATE NO. 2670/2022 DATED 08/06/2022 ISSUED TO THE PETITIONER FROM THE VENGANOOR SRO.

EXHIBIT P12 TRUE PHOTOCOPY OF TWO PAGES (COVER AND 2ND PAGES) OF THE RATION CARD NO.

1106205085 ISSUED TO THE PETITIONER.

EXHIBIT P13 TRUE PHOTOCOPY OF ELECTION IDENTITY CARD NO. GPL 18120158 ISSUED TO THE PETITIONER.

EXHIBIT P14 TRUE PHOTOCOPY OF APPLICATION DATED 16/6/2022 SUBMITTED BY THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT.

EXHIBIT P15 TRUE PHOTOCOPY OF THE REPLY NOTICE NO.

KL16208/22 DATED 12/07/2022 TO EXP14.

EXHIBIT P16 TRUE PHOTOCOPY OF APPLICATION DATED NIL SUBMITTED BY THE PRESIDENT OF THE 6TH RESPONDENT JAMA-AT TO THE 1ST RESPONDENT.

EXHIBIT P17 TRUE PHOTOCOPY OF THE NOTICE DATED 04/12/2014 FALSELY ALLEGING THAT THE SAME WAS DISPATCHED TO THE PETITIONER.

EXHIBIT P18 TRUE PHOTOCOPY OF THE PROCEEDINGS/ORDER NO.KL /17371/14 DATED 24/09/2021 PASSED BY THE 1ST RESPONDENT.

EXHIBIT P19 TRUE PHOTOCOPY OF THE REPORT DATED 03/06/2022 PREPARED BY THE 2ND RESPONDENT IN RESPONSE TO THE APPLICATION OF THE PETITIONER.