Saramma Mathew vs The District Collector, Collectorate ...
2024 Latest Caselaw 12677 Ker

Kerala High Court

Saramma Mathew vs The District Collector, Collectorate ... on 21 May, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                        WP(C) NO. 34571 OF 2017
PETITIONER:

            SARAMMA MATHEW
            THURUTHEL HOUSE, NELLAD,P.O. MAZHUVANNOOR VILLAGE,
            KUNNATHUNAD TALUK.

            BY ADV SRI.M.V.PAULOSE



RESPONDENTS:

    1       THE DISTRICT COLLECTOR, COLLECTORATE ERANAKULAM
            COLLECTORATE ERNAKULAM,KAKKANAD P.O. - 682 030.

    2       THE TAHSILDAR
            KUNNATHUNAD - 683 542.

    3       THE SPECIAL TAHSILDAR
            LAND ASSIGNMENT, PERUMBAVOOR - 683 542.

    4       THE VILLAGE OFFICER
            MAZHUVANNOOR - 686 669.

    5       THE SUPERINTDENT OF SURVEYS
            ERNAKULAM - 682 011.

            BY ADVS.
            GOVERNMENT PLEADER



OTHER PRESENT:

            SRI.RIYAL DEVASSY, GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.34571 of 2017


                                      2

                  P.V.KUNHIKRISHNAN,J.
               ---------------------
                  W.P (C) No.34571 of 2017
            ---------------------------
              Dated this the 21st day of May, 2024

                               JUDGMENT

This writ petition is filed with the following prayers:-

"i) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2 nd respondent to identify and locate the property covered by Ext.P1.

ii) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2 nd respondent to correct the survey number in Ext.P1 as 352/13.

iii) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 3 rd respondent to receive the tax of the property covered by Exts.P1 and P2.

iv) Pass other such orders which prayed for during the pendency of the writ petition and that are deemed fit to be granted.

v) Order cost of the petition be realised from the responders." [SIC]

2. The main prayer in this writ petition is to direct the

2nd respondent to identify and locate the property covered by

Ext.P1 and also to issue direction to the 2 nd respondent to

correct the survey number in Ext.P1 as 352/2013. The

petitioner has got remedy by a way of filing an application for

survey under the provisions of the Kerala Survey and

Boundaries Act, 1961.

Granting liberty to the petitioner to do the needful in

accordance with law, this writ petition is disposed of.

Sd/-

P.V.KUNHIKRISHNAN JUDGE bng

APPENDIX OF WP(C) 34571/2017

PETITIONER EXHIBITS

EXHIBIT P1. PATTA NO. PF 192/76 DATED 3/9/76 ISSUED BY SPL. TAHSILDAR LAND ASSIGNMENT PERUMBAVOOR.

EXHIBIT P2. PHOTOCOPY OF SALE DEED NO.1888/78

EXHIBIT P3. PETITION DATED 11/1/2010 FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

EXHIBIT P4. PETITION DATED 16/12/2015 FILED BY THE PETITIONER BEFORE THE REVENUE ADALAT ERNAKULAM.

EXHIBIT P5. REPORT OF THE VILLAGE OFFICER MAZHUVANNOOR DATED 08.03.16

EXHIBIT P6. REPORT OF THE VILLAGE OFFICER MAZHUVANNOOR DATED 28/04/16

EXHIBIT P7. REPLY OF TAHSILDAR KUNNATHUNAD TO THE PETITIONER DATED 28/03/17

EXHIBIT P8 PHOTO COPY OF THE LITHO PLAN FOR SURVEY N.211 OF THE KUNNATHUNADU TALUK

EXHIBIT P9 PHOTOCOPY OF THE LITHO PLAN FOR SURVEY N.352 OF THE KUNNATHUNADU TALUK