Poulose.O.P vs State Of Kerala
2023 Latest Caselaw 10793 Ker

       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
  THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH
                      ASWINA, 1945
                WP(C) NO. 34446 OF 2023
PETITIONER/S:

          POULOSE.O.P.
          AGED 77 YEARS
          S/O PAILY, OMBALA NIRAPEL MURIMATTATHIL HOUSE,
          ELAMKULAM, KOLENCHERRY, ERNAKULAM DISTRICT,
          PIN - 682311
          BY ADVS.
          K.G.CLEETUS
          N.V.PAUL


RESPONDENTS:

   1      STATE OF KERALA
          REPRESENTED BY THE DISTRICT COLLECTOR,
          COLLECTORATE, CIVIL STATION, KAKKANAD,
          ERNAKULAM DISTRICT, PIN 682030, PIN - 682030
   2      THE TAHSILDAR
          KUNNATHUNADU TALUK, PERUMBAVOOR.P.O.,
          ERNAKULAM DISTRICT,, PIN - 683542
   3      THE TAHSILDAR (LAND RECORDS)
          KUNNATHUNADU TALUK, PERUMBAVOOR.P.O.,
          ERNAKULAM DISTRICT,, PIN - 683542
   4      THE VILLAGE OFFICER
          AIKKARANADU SOUTH VILLAGE, KOLENCHERRY.P.O.,
          ERNAKULAM DISTRICT,, PIN - 682311


          BY G.P. SRI.BIMAL K.NATH


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 19.10.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.34446/2023
                                 2




                             JUDGMENT

The petitioner states that he is holding an extent

of 187 cents of dry land comprised in re-survey No.

136/4 in Block No. 48 in Aaikkaranad South village in

Ernakulam District obtained by virtue of Sale Deed.

Petitioner applied for mutation of the property and

mutation was effected and the petitioner had paid the

land tax. However, during re-survey measurements,

the petitioner's property was demarcated and now it is

comprised in two different survey numbers and two

separate sub-divisions have been granted. The

petitioner refers to Exhibit P10 judgment of the

Munsiff's Court, Kolenchery and submits that the

learned Munsiff has found that the petitioner is holding

the property legally and without any interruptions for

long period and hence conversion of his property to

puramboke land is not binding on the petitioner. Based

on the same, the petitioner sought for corrections in the W.P.(C) No.34446/2023

revenue records as per Exhibit P13 application. The

grievance of the petitioner is that Exhibit P13 is not so

far considered by the 3rd respondent. The limited

prayer of the petitioner in this writ petition is for an

expeditious disposal of Exhibit P13 by the 3rd

respondent.

2. Heard the learned counsel for the petitioner

and the learned Government Pleader for the

respondents.

In the facts and circumstances of the case, there

will be a direction to the 3rd respondent to finalise the

proceedings in Ext. P13 after hearing the petitioner, as

expeditiously as possible, at any rate, within a period of

two months from the date of receipt of a copy of this

judgment.

Sd/-

MURALI PURUSHOTHAMAN JUDGE al/-

W.P.(C) No.34446/2023

APPENDIX OF WP(C) 34446/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT PAGE OF SETTLEMENT REGISTER WITH REGARD TO THE PROPERTY OF THE PETITIONER'S PREDECESSORS COMPRISING IN OLD SURVEY NO.1027/1A AND 1027/1B OF AIKKARANADU VILLAGE Exhibit P2 TRUE COPY OF THE PARTITION DEED BEARING NO.3323/1116 M.E. EXECUTED BY CHACKO, S/O PAILY AND HIS SONS ALONG WITH TRUE TYPED LEGIBLE COPY Exhibit P3 TRUE COPY OF THE RELEVANT PAGE OF OLD B.T.R. ISSUED BY THE DEPUTY TAHSILDAR, KUNNATHUNADU TALUK, PERUMBAVOOR WITH RESPECT TO THE PROPERTY COMPRISING IN OLD SURVEY NO.1027/1A/4 MUTATED IN THE NAME OF PETITIONER'S FATHER Exhibit P4 TRUE COPY OF THE GIFT DEED NO.1164/1969 OF S.R.O., PUTHENCRUIZ DATED 24.4.1969 EXECUTED IN THE NAME OF PETITIONER Exhibit P5 TRUE COPY OF THE SALE DEED NO.799/1977 OF S.R.O., PUTHENCRUIZ DATED 9.4.1977 EXECUTED IN THE NAME OF PAULOSE Exhibit P6 TRUE COPY OF LAND TAX RECEIPT DATED 15.3.1983 ISSUED IN THE NAME OF PETITIONER FROM AIKKARANADU SOUTH VILLAGE OFFICE Exhibit P7 TRUE COPY OF LAND TAX RECEIPT DATED 15.2.1989 ISSUED IN THE NAME OF PETITIONER FROM AIKKARANADU VILLAGE OFFICE Exhibit P8 TRUE COPY OF THE RE-SURVEY SKETCH IN FIELD NO.136, BLOCK 48 OF AIKKARANADU SOUTH VILLAGE Exhibit P9 TRUE COPY OF THE RELEVANT PAGE OF BASIC TAX REGISTER OF AIKKARANAD SOUTH VILLAGE WITH RESPECT TO THE PROPERTY COMPRISING IN RE-SURVEY NO.136/4 (OLD SURVEY NO.1027/1B) W.P.(C) No.34446/2023

Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 12.12.2019 IN O.S. NO.40/2013 OF MUNSIFF COURT, KOLENCHERRY Exhibit P11 TRUE COPY OF THE ENQUIRY REPORT OF THE VILLAGE OFFICER, AIKKARANADU SOUTH VILLAGE DATED 1.8.2013 Exhibit P12 TRUE COPY OF THE SURVEY SKETCH PREPARED BY SURVEYOR Exhibit P13 TRUE COPY OF THE PETITION DATED 11.11.2020 SUBMITTED TO THE 3RD RESPONDENT BY THE PETITIONER Exhibit P14 TRUE COPY OF THE REPORT DATED 25.11.2020 PREPARED BY VILLAGE OFFICER, AIKKARANADU VILLAGE AND SUBMITTED TO 3RD RESPONDENT Exhibit P15 TRUE COPY OF THE LETTER DATED 10.1.2021 ISSUED TO ADDITIONAL GOVERNMENT PLEADER, KOLENCHERY BY THE 3RD RESPONDENT Exhibit P16 TRUE COPY OF THE LEGAL OPINION DATED 9.3.2021 SERVED ON THE 3RD RESPONDENT BY THE ADDITIONAL GOVERNMENT PLEADER