K.Sreelatha vs The Commissioner Of Land Revenue
2024 Latest Caselaw 14499 Ker

Citation : 2024 Latest Caselaw 14499 Ker
Judgement Date : 31 May, 2024

Kerala High Court

K.Sreelatha vs The Commissioner Of Land Revenue on 31 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
     FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
                         WP(C) NO. 7594 OF 2018
PETITIONER:

             K.SREELATHA
             AGED 58 YEARS
             W/O SREEKUMARAN THAMPI, 'SIVAM',GSS NRA-56, SIVA
             LANE,NCC ROAD, PEROORKADA, THIRUVANANTHAPURAM-695
             005.
             BY ADV SRI.S.JAMES VINCENT

RESPONDENTS:

     1     THE COMMISSIONER OF LAND REVENUE
           PUBLIC OFFICE COMPOUND, MUSEUM JUNCTION,
           THIRUVANANTHAPURAM - 695 033.
     2     THE DISTRICT COLLECTOR
           KUDAPPANAKUNNU, THIRUVANANTHAPURAM - 695 043.
     3     THE REVENUE DIVISIONAL OFFICER SUB COLLECTOR
           COLLECTORATE, CIVIL STATION,
           KUDAPPANAKUNNU,THIRUVANANTHAPURAM-695 043.
     4     THE DEPUTY COLLECTOR VIGILANCE
           SOUTHERN RANGE, CIVIL STATION,KUDAPPANAKUNNU,
           TRIVANDRUM-695 043.
     5     THE TAHSILDAR LAND RECORDS
           FORT, THIRUVANANTHAPURAM - 695 023.
     6     THE ADDL. TAHSILDAR
           TALUK OFFICE TRIVANDRUM - 695 023.
     7     K.SASIKUMAR
           PADMA BHAVAN, KIZHAKKE ETTUKUZHI, ENGINEERING
           COLLEGE P.O.,THIRUVANANTHAPURAM - 695 016.
OTHER PRESENT:

           SRI.B.S.SYAMANTAK, GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   31.05.2024,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C).No.7594/2018

                                  2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                    W.P.(C).No.7594 of 2018
             ----------------------------------------------
            Dated this the 31st day of May, 2024


                           JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of mandamus directing respondents 1 to 6 to implement the directions in Ext-P9 Letter of the 2nd respondent and Ext-P10 series of Letter and Report, that immediate action should be taken to cancel the unauthorised corrections made in BTR and Settlement Register and cancel Patta No. 15997 and to restore the erstwhile position.

ii. Issue such other writ, direction and order which this Honourable Court deems fit and proper in the circumstances of the case including costs.

(SIC)

2. This writ petition is filed in the year 2018 and

notice was issued to the 7th respondent. But the same is not

returned after service. The main prayer in this writ petition is

to issue a direction to respondents 1 to 6 to implement the

directions in Ext.P9 letter of the 2 nd respondent and Ext.P10

series of letter and report.

3. If there is any surviving grievance to the petitioner

regarding the same, she can approach the the competent

authority among the respondents with appropriate

representation and if such a representation is received, the

competent authority will do the needful, with notice to the

petitioner, 7th respondent and other affected parties, if any.

With the above observation, this writ petition is disposed

of.

sd/-

                                        P.V.KUNHIKRISHNAN
JV                                             JUDGE






                     APPENDIX OF WP(C) 7594/2018

PETITIONER EXHIBITS
EXHIBIT-P1:       THE PEDIGREE TABLE OF THE PETITIONER
                  AND SIBLINGS.
EXHIBIT-P2:       TRUE    COPY    OF     SETTLEMENT    DEED

NO.979/1994 DATED 12.4.1994, OF THE KAZHAKUTTAM SUB REGISTRY.

EXHIBIT-P3: TRUE COPY OF RECEIPT DATED 30.1.1996 ISSUED BY THE HEAD SURVEYOR, ATTACHED TO THE OFFICE OF SUPERINTENDENT OF SURVEY TO THE LAT SMT.KRISHNAMMA. EXHIBIT-P4: TRUE COPY OF APPEAL SUBMITTED BY THE LATE MRS.SANTHAKUMARI AMMA TO THE SURVEY ADALAT, ON 22.2.2007.

EXHIBIT-P5: TRUE COPY OF LETTER NO.SA-6651/05 DATED 18.9.2007 PUT UP BY THE SURVEYOR GR.I ATTACHED TO THE OFFICE OF SUPERINTENDENT OF SURVEY.

EXHIBIT-P6: TRUE COPY OF APPLICATION SUBMITTED BY THE PETITIONER TO THE 6TH RESPONDENT, ON 5.2.2016.

EXHIBIT-P7: TRUE COPY OF ADDITIONAL STATEMENT SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT ON 17.8.2016.

EXHIBIT-P8: TRUE COPY OF PETITION SUBMITTED BY THE PETITIONER TO THE VIGILANCE OFFICER, PMG JUNCTION, TRIVANDRUM, ON 4.2.2017. EXHIBIT-P9: TRUE COPY OF LETTER NO.S.5-62415/17 DATED 17.10.2017 ADDRESSED TO THE 5TH RESPONDENT, BY THE DEPUTY COLLECTOR ON BEHALF OF THE 2ND RESPONDENT.

EXHIBIT-P10 TRUE COPIES OF LETTER NO.RVC/A1- (COLLECTIVELY) 269/17/TV DATED 21.8.2017, ADDRESSED BY THE 4TH RESPONDENT TO THE 1ST RESPONDENT, AND OF REPORT NO.RVC/A1- 269/17/KT DATED 21.8.2017 OF THE 4TH RESPONDENT.