Manoj Thomas vs State Of Kerala
2024 Latest Caselaw 10474 Ker

Kerala High Court

Manoj Thomas vs State Of Kerala on 11 April, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
     THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
                          WP(C) NO. 14421 OF 2024
PETITIONER:

             MANOJ THOMAS
             AGED 50 YEARS
             KALAYAIL PEEDIKAYIL, THUMPAMON NORTH P.O, MEZHUVELI
             VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT,
             PIN - 689625
             BY ADVS.
             GEORGE ABRAHAM PACHAYIL
             O.K.DEEPAMOL
             BIJI JOZLET GEORGE
             TOMS MATHEW


RESPONDENTS:

     1       STATE OF KERALA
             REPRESENTED BY THE CHIEF SECRETARY GOVERNMENT OF KERALA
             GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM, PIN -
             695001
     2       THE SECRETARY, DEPARTMENT OF REVENUE
             GOVERNMENT OF KERALA GOVERNMENT SECRETARIATE
             THIRUVANANTHAPURAM, PIN - 695001
     3       DISTRICT COLLECTOR, PATHANAMTHITTA
             COLLECTORATE PATHANAMTHITTA, PIN - 689645
     4       THE SUPERINTENDENT, SURVEY DEPARTMENT
             DISTRICT SURVEY OFFICE PATHANAMTHITTA, PIN - 689645
     5       TAHASILDAR, KOZHENCHERRY TALUK
             MINI CIVIL STATION PATHANAMTHITTA, PIN - 689645
     6       VILLAGE OFFICER, MEZHUVELI VILLAGE
             VILLAGE OFFICE MEZHUVELI JUNCTION MEZHUVELI
             PATHANAMTHITTA, PIN - 689507
             BY SR.GP - DEEPA NARAYANAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   11.04.2024,    THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) No. 14421 of 2024               :2:



                       VIJU ABRAHAM , J.
            ===========================
                   WP(C) No. 14421 of 2024
            ============================
              Dated this the 11th day of April, 2024

                            JUDGMENT

Petitioner has approached this Court aggrieved by the mistake

that has crept in the resurvey.

2. It is averred that the petitioner is the owner of a landed

property which he got from his parents. Petitioner submits that the

actual extend of the property comprised in Sy.No.341/1-F and Re.Sy.

No.294/4 and 6 of Mezhuveli Village is 32 ares (80 cents). It is

submitted that in the resurvey conducted the extent of the property

has been reduced to 8 ares and 50 sq.meters. It is aggrieved by the

same that the petitioner has approached the authorities, but no

action has been taken to rectify the mistake that has crept in the

resurvey.

3. The learned Government Pleader upon instructions

submitted that if the petitioner is aggrieved by any anomaly in the

resurvey he has to approach the District Collector by filing

appropriate revision as provided in Section 13A of the Survey and

Boundaries Act. Petitioner submits that appropriate revision in this

regard will be filed within a period of two weeks from the date of

receipt of a copy of this judgment.

4. Therefore, the above writ petition is disposed of with a

direction to the 3rd respondent to consider and pass orders on the

revision petition if any submitted by the petitioner as undertaken

above within an outer limit of two months from the date of receipt of

the same, after affording an opportunity of being heard to the

petitioner.

Sd/-

VIJU ABRAHAM JUDGE

sbk/-

APPENDIX OF WP(C) 14421/2024

PETITIONER EXHIBITS Exhibit P 1 LAND TAX RECEIPT NO.KL 03020707766/2022 PERTAINING TO PETITIONER'S PROPERTY DATED 15/09/2022.

Exhibit P 2 APPLICATION SUBMITTED TO THE 3RD RESPONDENT DISTRICT COLLECTOR BY THE PETITIONER, DATED 05/02/2022 Exhibit P 3 NOTICE ISSUED BY THE PETITIONER THROUGH HIS COUNSEL TO EACH OF THE RESPONDENT AUTHORITIES, DATED 27/12/2022.

Exhibit P 4 THE POSTAL ACKNOWLEDGEMENT CARD SHOWING RECEIPT OF NOTICE BY THE 1ST RESPONDENT CHIEF SECRETARY OF THE STATE OF KERALA, ON 29/12/2022.

Exhibit P 5 THE POSTAL ACKNOWLEDGEMENT CARD SHOWING RECEIPT OF NOTICE BY THE 2ND RESPONDENT GOVERNMENT SECRETARY OF DEPARTMENT OF REVENUE OF THE STATE OF KERALA, ON 29/12/2022 Exhibit P 6 THE POSTAL ACKNOWLEDGEMENT CARD SHOWING RECEIPT OF NOTICE BY THE 3RD RESPONDENT DISTRICT COLLECTOR, PATHANAMTHITTA, ON 28/12/2022 Exhibit P 7 THE POSTAL ACKNOWLEDGEMENT CARD SHOWING RECEIPT OF NOTICE BY THE 4TH RESPONDENT, THE SUPERINTENDENT, DISTRICT SURVEY OFFICE, ON 28/12/2022 Exhibit P 8 THE POSTAL ACKNOWLEDGEMENT CARD SHOWING RECEIPT OF NOTICE BY THE 5TH RESPONDENT TAHASILDAR, KOZHENCHERRY TALUK, ON 28/12/2022 Exhibit P 9 THE POSTAL ACKNOWLEDGEMENT CARD SHOWING RECEIPT OF THE NOTICE BY THE 6TH RESPONDENT VILLAGE OFFICER, MEZHUVELI ON 29/12/2022 Exhibit P 10 LETTER FROM THE OFFICE OF 3RD RESPONDENT DISTRICT COLLECTOR, ACKNOWLEDGING THE RECEIPT OF EXHIBIT P 3 LETTER DATED 06/01/2023