Kerala High Court
Kausalya vs The Tahsildar (Land Records) on 28 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
WP(C) NO. 23215 OF 2024
PETITIONER:
KAUSALYA, AGED 65 YEARS
W/O (LATE) RAJAN, MALAPPURATH HOUSE,
KOOTTANAD, NAGALASSERY (G), PATTAMBI,
PALAKKAD DISTRICT, PIN - 679533
BY ADVS.
C.D.DILEEP
SHYLAJA VARGHESE
RESPONDENTS:
1 THE TAHSILDAR (LAND RECORDS)
PATTAMBI TALUK, GROUND FLOOR,
MINI CIVIL STATION, RAILWAY STATION RD,
PATTAMBI, PALAKKAD DISTRICT., PIN - 679303
2 THE TALUK SURVEYOR
OFFICE OF THE TALUK SURVEYOR OFFICE,
PATTAMBI TALUK OFFICE,
PALAKKAD DISTRICT, PIN - 678013
3 THE VILLAGE OFFICER
THE VILLAGE OFFICER, VILLAGE OFFICE PATTAMBI,
MINI CIVIL STATION ROAD, PATTAMBI
PALAKKAD DISTRICT, PIN - 679303
4 SMT. LAKSHMIKUTTY
KALATHIL VALAPPIL HOUSE,
NEAR KOOTTANADU TEMPLE, KOOTTANADU P.O,
PATTAMBI TALUK, PALAKKAD DISTRICT, PIN - 679533
OTHER PRESENT:
SR.GP DEEPA NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.23215 of 2024 2
VIJU ABRAHAM, J.
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W.P.(C) No.23215 of 2024
.................................................................
Dated this the 28th day of June, 2024
JUDGMENT
Petitioner has approached this Court seeking a direction to
the 1st respondent to take action on Ext.P7 application in Form 8 for
demarcation and survey sub division of her property.
2. It is averred that the petitioner is the exclusive owner of the
property having an extent of 12.35 Ares (30.52 cents) comprised in
survey no.40/1 and 3 of Nagalassery Village of the Pattambi Taluk.
Certain portion of the property was sold and for the balance property
having an extent of 12.35 Ares she was remitting tax as evident from
Ext.P1. When the petitioner approached the 3rd respondent for payment
of land tax for the year 2021-2022, the same was objected to by the said
respondent. As the property was not having proper boundary line and
land tax was not received, petitioner submitted Ext.P4 application before
the 1st respondent in Form 10 and the same was directed to be finalised
as per Ext.P5 judgment in W.P.(C) No.29695 of 2022. Thereafter the 2 nd
respondent has submitted a report stating that the petitioner's property is
partly included in survey no.40/3 and since sub division number is not
demarcated to the property claimed to be in ownership by the petitioner
and as there are some disputes with regard to the property, he is unable
to demarcate the boundary. In the said circumstance petitioner has
preferred Ext.P7 application in Form 8 for demarcation and survey of the
registered property. Petitioner submits that the said application is
pending consideration before the 1st respondent and seeks for an
expeditious disposal of the same.
3. Heard the learned Government Pleader also.
After hearing both sides, I am inclined to dispose of the writ
petition with a direction to the 1 st respondent to finalise the proceedings
on Ext.P7 application in Form 8 submitted by the petitioner without any
delay, at any rate, within an outer limit of three months from the date of
receipt of a copy of the judgment, with notice to the petitioner and any
other affected parties.
With the above directions the writ petition is disposed of.
Sd/-
VIJU ABRAHAM
JUDGE
cks
APPENDIX OF WP(C) 23215/2024
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE TAX RECEIPT
NO.U.0966628 DATED 09/06/2020 FOR THE
YEAR 2020-21
Exhibit-P2 A TRUE COPY OF THE POSSESSION
CERTIFICATE DATED 11/06/2018 ISSUED BY
THE 3RD RESPONDENT.
Exhibit-P3 A TRUE COPY OF THE LOCATION CERTIFICATE
WITH SKETCH DATED 11.06.2018 ISSUED BY
THE 3RD RESPONDENT.
Exhibit-P4 A TRUE COPY OF THE FORM-10 APPLICATION
DATED 29.08.2022 SUBMITTED BY THE
PETITIONER
Exhibit-P5 A TRUE COPY OF THE JUDGMENT DATED
17.11.2022 IN WP(C) NO.29695 OF 2022 OF
THIS HON'BLE HIGH COURT.
Exhibit-P6 A TRUE COY OF THE
COMMUNICATION/DECISION NO.H3-6803/22
DATED 29.05.2023 OF THE 1ST RESPONDENT.
Exhibit-P7 A TRUE COPY OF THE FORM NO.8
APPLICATION DATED 20.05.2024 SUBMITTED
BY THE PETITIONER TO THE 1ST
RESPONDENT.
