Muralidharan K.S vs District Collector
2023 Latest Caselaw 11474 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
   WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023 / 17TH KARTHIKA, 1945
                       WP(C) NO. 27036 OF 2023
PETITIONER:

          MURALIDHARAN K.S,
          PUTHANPURAYIL HOUSE
          KAPPIL MEKKU, KRISHNAPURAM P.O
          ALAPUZHA DISRICT - 690533

          BY ADV UNNI. K.K. (EZHUMATTOOR)



RESPONDENTS:

    1     DISTRICT COLLECTOR
          CIVIL STATION, ALAPUZHA, PIN - 688001

    2     TAHASILDAR(LR)
          KARTHIKAPALLY TALUK OFFICE
          REVENUE TOWER, HARIPAD - 690514

    3     VILLAGE OFFICER
          VILLAGE OFFICE,
          KRISHNAPURAM KAYAMKULAM P.O - 690533

    4     TALUK SURVEYOR
          KARTHIKAPALLY TALUK OFFICE
          REVENUE TOWER, HARIPAD - 690514

    5     ADDL.R5.SUJATHA
          AGED 49 YEARS, W/O ANEESH KUMAR,
          ANDOOR VEEDU, KAPPILMUKKU MURI,
          KRISHNAPURAM, KARTHIKAPALL TALUK,
          ALAPPUZHA 690533
          (*IS IMPLEADED AS ADDL.R5 AS PER ORDER DATED 24.08.2023
          IN I.A.1/23 OF WP(C)27036/2023.)

          BY ADV Sasith M R
          R BY SR.GP ADV.BIMAL K.NATH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 27036 OF 2023        : 2 :




                           JUDGMENT

The petitioner is the owner in possession of 5.60

Ares of land comprised in Re-Survey No.598/4 of

Krishnapuram Village in Karthikapalli Taluk.

According to the petitioner, some mistakes have been

crept in the resurvey records in respect of the

aforesaid property, for which the petitioner has made

Ext.P8 application before the 2 nd respondent seeking

correction of mistake.

2. The petitioner submits that, during the

pendency of the proceedings before the 2 nd

respondent, the additional 5th respondent obtained

Ext.P13 order of attachment against her husband, one

Anishkumar, in I.A.No.1/2021 in O.P.No.1209/2021 on

the files of the Family Court, Mavelikara, which

included 61 sq.metres of the property belonging to the

petitioner.

3. The petitioner submits that, pursuant to Ext.P8

application, a report has been called for from the

Taluk Surveyor and the Taluk Surveyor submitted

Ext.P9 report which shows that there was a mistake in

the thandapper account committed by the revenue

authorities earlier. Accordingly, this writ petition is

filed for a direction to the 2 nd respondent to correct the

revenue records and to collect tax for the entire extent

of land.

4. Heard the learned counsel for the petitioner,

the learned Government Pleader and the learned

counsel appearing for the additional 5 th respondent.

5. The additional 5th respondent submits that the

proceedings in O.P.No.1209/2021 on the files of the

Family Court, Mavelikara has been disposed of in

favour of the additional 5th respondent, confirming the

order of attachment obtained in I.A.No.1/2021 in

O.P.No.1209/2021.

6. As reported in Ext.P9, a mistake has been crept

in the thandapper account in respect of the properties

covered by Exts.P1 and P2 with regard to 2.74 Ares of

land including the 61 Sq.metres referred to above.

The 2nd respondent has not taken any steps to correct

those mistakes obviously due to the pendency of the

proceedings before the Family Court. It is made clear

that the order passed in O.P.No.1209/ 2021 by the

Family Court shall not stand in the way of the 2 nd

respondent considering Ext.P8 application, in

accordance with law and in correcting any mistake on

the basis of Ext.P9 report of the Taluk Surveyor. The

2nd respondent shall take Ext.P8 to a logical

conclusion, after hearing the petitioner and the

additional 5th respondent, as expeditiously as possible,

at any rate, within a period of six weeks from the date

of receipt of a copy of this judgment.

The writ petition is disposed of as above.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SB

APPENDIX PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE EXCHANGE DEED NO.2418/1989 DATED 1.11.1989 OF SRO KAYAMKULAM

Exhibit P2 TRUE COPY OF THE RELINQUISHMENT DEED NO.2819/1991 DATED 26.11.1991 OF SRO KAYAMKULM

Exhibit P3 TRUE COPY OF THE TAX RECEIPT DATED 18.10.2004 ISSUED BY THE 3RD RESPONDENT

Exhibit P4 TRUE COPY OF THE TAX RECEIPT DATED 6.9.2007 ISSUED BY THE 3RD RESPONDENT

Exhibit P5 TRUE COPY OF THE FORM NO.14 IN DSA NO.320/2006

Exhibit P6 TRUE COPY OF THE THANDAPER REGISTER NO.18793 OF THE PETITIONER

Exhibit P7 TRUE COPY OF THE TAX RECEIPT DATED 18.4.2023 ISSUED BY THE 3RD RESPONDENT

Exhibit P8 TRUE COPY OF THE APPLICATION DATED 9.9.2020 SUBMITTED TO THE 2ND RESPONDENT

Exhibit P9 TRUE COPY OF THE REPORT OF THE 4TH RESPONDENT DATED 17.9.2022

Exhibit P10 TRUE COPY OF THE THANDAPER REGISTER NO.7871 IN THE NAME OF THE PETITIONER AND HIS SISTER

Exhibit P11 TRUE COPY OF THE THANAPER REGISTER NO.16139 IN THE NAME OF ABAYA C NATH

Exhibit P12 TRUE COPY OF THE TANDAPER NO.29491 IN THE NAME OF ANISHKUMAR AND SUJATHA

Exhibit P13 TRUE COPY OF THE ATTACHMENT ORDER DATED 7.10.2021 IN I A NO.1/2021 IN OP NO.1209/2021 OF FAMILY COURT, MAVELIKKARA