Kerala High Court
P.M.Rajan vs State Of Kerala on 26 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
WP(C) NO.37236 OF 2022
PETITIONER:
P.M.RAJAN, AGED 67 YEARS, S/O.MANUEL, SHIMI
NIVAS, THANNI MOODU, IRINJAYAM, PAZHAKUTTY,
NEDUMANGAD, THIURVANANTHAPURAM, PIN- 695541.
BY ADV.T.K.ANANDA KRISHNAN
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS PRINCIPLE
SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT
THIRUVANANTHAPURAM, PIN-695001.
2 DISTRICT COLLECTOR,
COLLECTORATE, CIVIL STATION, KUDAPPANAKKUNNU,
THIRUVANANTHAPURAM, PIN-695004.
3 THAHASILDAR (LR), NEDUMANGAD TALUK,
THIRUVANANTHAPURAM, PIN- 695541
* 4 THE REVENUE DIVISIONAL OFFICER,
NEDUMANGAD
* R4 IS SUO MOTU IMPLEADED AS PER JUDGMENT DATED
26.10.2023
BY SRI.BIMAL K.NATH, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 26.10.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO.37236 OF 2022 2
JUDGMENT
The petitioner states that he is the owner of
the property covered by Ext.P1 Sale Deed.
According to the petitioner, he was paying land
tax in respect of the aforesaid property till
2011. In the meantime, a portion of the property
was acquired for the purpose of road widening. In
the left over portion, the petitioner has
constructed compound wall on all four sides.
2. When the revenue authorities refused to
accept the land tax from the petitioner, the
petitioner preferred Ext.P4 application before the
Tahsildar (LR), the 3rd respondent herein, wherein
the petitioner has sought for rectification of
mistake. The petitioner also submitted Ext.P7
application under the Kerala Survey and Boundaries
Rules [for brevity, 'the Rules'] to measure the
property in his possession. On receipt of Ext.P7,
the petitioner was informed by the Survey Officer
to file an application under Form 8 of the Rules
for correcting the extent of property.
Accordingly, the petitioner preferred Ext.P8
application under Form 8, which was rejected by
the 3rd respondent vide Ext.P9 with an observation
that the property of the petitioner is in Resurvey
No.272/14 and the property in 272/13 is
purambokku. The petitioner challenged Ext.P9
before this Court in WP(C) No.14755/2021. This
Court set aside Ext.P9 with a consequential
direction to the 3rd respondent to reconsider the
matter, adverting specifically to the earlier tax
records and title deeds of the document of the
property in question, to be produced by the
petitioner before the 3rd respondent. According to
the petitioner, the finding of the Tahsildar (LR)
that the request of the petitioner to include the
property in Resurvey No.272/13 in the name of the
petitioner cannot be allowed is misconceived. The
learned counsel for the petitioner points out that
the respondents did not measure the property of
the petitioner and only copied the report of the
Taluk Surveyor and Ext.P13 is vitiated by non-
application of mind. The learned counsel further
submits that the entire mistake happened after the
resurvey and that the respondents refused to
rectify the same on the ground that old survey
records are not available. Accordingly, the
petitioner challenged Ext.P13 order, and seeks a
direction to the respondents to identify the
property of the petitioner by surveying the same
using the old survey records and to include the
same in the thandaper account of the petition and
to assess the tax of the property.
3. Heard the learned counsel for the
petitioner as well as the learned Senior
Government Pleader appearing for the respondents.
4. The learned Senior Government Pleader
points out that the petitioner has got an
efficacious remedy by way of an appeal before the
Revenue Divisional Officer as per GO(MS) No.303/
2017/Rev. dated 26.08.2017. Accordingly, 'the
Revenue Divisional Officer, Nedumangad' is suo
motu impleaded as additional 4th respondent in this
writ petition.
5. In such circumstances, the petitioner shall
prefer an appeal against Ext.P13 order before the
addl.4th respondent within 10 days from the date of
receipt of a certified copy of this judgment. On
receipt of the same, the addl.4th respondent shall
consider it on merits, as expeditiously as
possible, at any rate, within a period of two
months from the date of receipt of the appeal,
after giving an opportunity of hearing to the
petitioner.
The writ petition is disposed of.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
sp/26/10/2023
APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT P1 THE TRUE COPY OF THE REGISTERED DEED
BEARING NO.4518 OF 1978.
EXHIBIT P2 THE TRUE COPY OF THE SALE DEED NO
5289/1995 EXECUTED THROUGH THE SUB-
REGISTRAR OFFICE, NEDUMANGAD.
EXHIBIT P3 THE TRUE COPY OF THE REVENUE TAX RECEIPT
DATED 01-06-2012 WITH RESPECT TO 1 ARE IN
RE SURVEY NO.272/14 OF ANAD VILLAGE.
EXHIBIT P4 TRUE COPY OF THE PETITION FILED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT DATED
11-06-2012.
EXHIBIT P5 THE TRUE COPY OF THE REPORT OF THE VILLAGE
OFFICER IN RESPONSE TO EXT.P4.
EXHIBIT P6 THE TRUE COPY OF PHOTOGRAPH OF THE
PETITIONER'S PROPERTY AND HOUSE PRINTED IN
A NORMAL PAPER.
EXHIBIT P7 THE TRUE COPY OF THE APPLICATION DATED 07-
06-2016 SUBMITTED BEFORE THE 2ND
RESPONDENT.
EXHIBIT P8 THE TRUE COPY OF THE FORM NO.8 APPLICATION
FILED BY THE PETITIONER
EXHIBIT P9 THE TRUE COPY OF THE LETTER DATED
11-02-2020 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P10 THE TRUE COPY OF THE JUDGMENT IN WP(C)
NO.14755/2021 OF THE HON'BLE HIGH COURT OF
KERALA DATED 03-09-2021.
EXHIBIT P11 THE TRUE COPY OF THE NOTICE DATED 19-11-
2021 ISSUED BY THE TALUK SURVEYOR.
EXHIBIT P12 THE TRUE COPY OF THE REPORT OF THE TALUK
SURVEYOR DATED 29-11-2021.
EXHIBIT P13 THE TRUE COPY OF THE PROCEEDING OF THE 3RD
RESPONDENT DATED 23-12-2021.
RESPONDENT'S EXHIBITS:-
EXHIBIT R3(A) TRUE COPY OF THE ORDER NO.G5/27515/2015
DATED 23.12.2021
