Ramani K vs State Of Kerala
2024 Latest Caselaw 33225 Ker

Kerala High Court

Ramani K vs State Of Kerala on 15 November, 2024

                                          2024:KER:86068
                             1
WP(C) No. 17785 of 2020

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

          THE HONOURABLE MR. JUSTICE P.M.MANOJ

 FRIDAY, THE 15TH DAY OF NOVEMBER 2024 / 24TH KARTHIKA,

                           1946

                WP(C) NO. 17785 OF 2020

PETITIONERS:

         RAMANI K., AGED 71 YEARS
         D/O. LATE NADESAN, S.G. NIVAS, CHIRAYINKEEZHU
         P.O., THIRUVANANTHAPURAM-695304.

         BY ADVS.
         I.SHEELA DEVI
         SHRI.BALAMURALI KRISHNA M.



RESPONDENTS:

    1    STATE OF KERALA, REPRESENTED BY ITS SECRETARY
         TO GOVERNMENT, REVENUE (E) DEPARTMENT,
         GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-
         695001.

    2    THE DISTRICT COLLECTOR,
         COLLECTORATE, CIVIL STATION, KUDAPPANAKUNNU
         P.O., THIRUVANANTHAPURAM-695043.

    3    THE SECRETARY, POTHENCODE BLOCK GRAMA
         PANCHAYAT, PANCHAYATH OFFICE, KAZHAKOOTTAM,
         THIRUVANANTHAPURAM-695301.

    4    THE TAHSILDAR (LRM), TALUK OFFICE,
         THIRUVANANTHAPURAM, THIRUVANANTHAPURAM-695304.

    5    THE VILLAGE OFFICER, MENAKULAM, KAZHAKOOTTAM,
         THIRUVANANTHAPURAM-695301.
                                                       2024:KER:86068
                                   2
WP(C) No. 17785 of 2020


    6          LENIN LAL M.A., AGED 52 YEARS, S/O.MANIKANDAN
               ASARI, KALPANA COLONY, CHITTATTUMUK P.O.,
               KANIYAMPURAM, THIRUVANANTHAPURAM DISTRICT,
               PIN : 695302." [ADDL.R6 IS IMPLEADED AS PER
               ORDER DATED 10.04.2023 IN I.A.2/2023 IN
               WP(C)17785/2020.]



OTHER PRESENT:

               SRI.ASHWIN SETHUMADHAVAN,SENIOR GOVERNMENT
               PLEADER


        THIS    WRIT   PETITION    (CIVIL)   HAVING    COME    UP    FOR
ADMISSION       ON   15.11.2024,   THE   COURT   ON   THE     SAME   DAY
DELIVERED THE FOLLOWING:
                                                           2024:KER:86068
                                      3
WP(C) No. 17785 of 2020

                              JUDGMENT

Dated this the 15th day of November, 2024

The writ petition is preferred seeking for a direction to

respondents 4 and 5 to effect changes in the village records by

showing the correct Thandaper number of deceased Nateshan and

thereafter enter the name of the petitioner and also directing

respondents 3 and 4 to dispose of Ext.P11 application as

expeditiously as possible.

2. It is the case of the petitioner that originally ten acres

of property was purchased by Madhavan and his son

Parameswaran as per sale deed No.25/1926 of SRO,

Chirayankeezhu, which comprised in Sy.No.119/24. Later, the said

property was devolved upon the legal heirs of Madhavan and

Parameshwaran. Thereby 5 acres of land in the northern side fall

upon the legal heirs of said Parameswaran and 5 acres of land in

the southern side fall upon the legal heirs of Madhavan. Out of the

5 acres fall upon the legal heirs of Parameswaran, an extent of

1.40 acres of land was sold as per settlement deed No.584/1973

and the remaining extent of 3.60 acres was kept intact. Out of

which, 90 cents of land was inherited by Nateshan, who is the

father of the petitioner. The petitioner is the only legal heir of 2024:KER:86068

Natesan and the said Natesan expired on 14.05.1985.

3. The petitioner has produced Ext.P2 settlement deed, in

order to show that 90 cents of land vested with Natesan, S/o.

Parameswaran. The petitioner is the only legal heir of Natesan and

thereby she is entitled for the 90 cents of land, which is evident by

Ext.P4.

4. However, it is stated by the petitioner that since she

was away from the land in question, she was not aware of what

are the changes occurred in the land. When she realised that the

above mentioned land was not available, at that point of time, due

to some encroachment, she had approached the revenue

authorities to restore her land. In that regard she has preferred

various applications before the authorities and a resurvey was also

conducted. It appears that the total extent which she entitles as

per Ext.P2 settlement deed is not available as of now. Therefore, it

is prayed by the petitioner that whatever be the land available

after the encroachment, that may be entered into her name by

correcting the revenue records.

5. This fact is not disputed by the learned Government

Pleader and the only dispute is with regard to the claimed extent,

i.e., 90 cents, as the same is not available. It is submitted by the 2024:KER:86068

learned Government Pleader that the petitioner has to approach

the 4th respondent with sufficient documents to correct the entries

in Thandaper in the name of the petitioner.

6. In that regard, the learned counsel for the petitioner

submits that the petitioner has already approached the authority

with sufficient documents. Those documents are also produced in

this writ petition as Exts.P2 to P5. Then the petitioner confined her

prayer to the extent of land whatever available after

encroachment, have to be entered into her name after making

necessary corrections in the revenue records for the time being.

7. A counter affidavit has been filed by the learned

Government Pleader on behalf of the 4th respondent, wherein it is

stated that, according to Head Surveyor's report, 90 cents of

property was included in Block No.10, Resurvey No.201/1 of

Menamkulam Village. According to the land register, survey

No.201/1 (old Sy.No.119/24-60 pt) is entered in the name of

Smt.Metilda Perera as per TP 4952 with 29.60 Ares. The same

extent was marked in BTR, Re.Sy.No.201/1 (old 119/24) in TP

1888 in the name of the same person. According to the report of

the Village Officer, the property in Re.Sy.No.201/1 is not having

any proper boundary and the Head Surveyor reported that survey 2024:KER:86068

was not completed due to the discrepancies in the records and lack

of well defined boundaries.

8. In the light of the said findings in the counter affidavit,

direction was given by this Court to survey the property.

Accordingly a survey was conducted and a survey sketch was

produced before this Court. It is revealed that out of the 90 cents

the remaining land is only 24.88 Ares.

9. The learned counsel for the petitioner submits that the

petitioner is ready to settle with whatever extent available after

the encroachment and that may be directed to be recorded in her

name after correcting the Thandaper. As per the sketch produced

as per memo dated 21.10.2024 it appears that the property

highlighted under Sy.No.201/1-B is now available for the

occupation of the petitioner.

10. I have heard Sri.I.Sheela Devi, the learned counsel

for the petitioner, and Sri.Ashwin Sethumadhavan, the learned

Senior Government Pleader for respondents 1 to 5.

11. In the light of the submission made by the learned

counsel for the petitioner that the petitioner is ready to accept the

property whatever remaining and the entire dispute can be settled

for the time being, I deem it apposite to dispose of the writ 2024:KER:86068

petition.

Therefore, this writ petition is disposed of in the following

manner:

(1) The 4th respondent is directed to correct the entries in Thandaper as well as in the revenue records with respect to Sy.No.201/1-B, which is made available in the survey sketch, in the name of the petitioner.

(2) The entire proceedings shall be completed by the 4th respondent, within period of one month from the date of receipt of a certified copy of this judgment, after affording an opportunity of hearing to the petitioner.

(3) It is also clarified that the claim with respect to the remaining portion of the land is left open for the petitioner to agitate before the appropriate forum.

sd/-

P.M.MANOJ JUDGE das 2024:KER:86068

APPENDIX OF WP(C) 17785/2020

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE SETTLEMENT DEED NO.

257/1938 (ME-257/1113) OF SUB REGISTRAR OFFICE, CHIRAYINKEEZHU.

EXHIBIT P2 TRUE COPY OF THE SETTLEMENT DEED NO.584/1973 DATED 07/03/1973 OF SUB REGISTRAR OFFICE, CHIRAYINKEEZHU AND A TYPED/LEGIBLE COPY OF EXHIBIT P2 IS ALSO PRODUCED HEREWITH.

EXHIBIT P3 TRUE COPY OF THE DEATH CERTIFICATE ISSUED ON 16/07/2019 OF DECEASED NATESAN BY THE CHIRAYINKEEZHU GRAMA PANCHAYAT.

EXHIBIT P4 TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE NO.B4-20786/K.DIS. DATED 10/01/2020 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.

EXHIBIT P5 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DATED 22/02/2020 ISSUED BY THE SUB REGISTRAR OFFICE, KAZHAKOOTTAM.

EXHIBIT P6 TRUE COPY OF THE REPORT DATED 07/03/2020 OF THE SURVEYOR.

EXHIBIT P7 TRUE COPY OF THE GO(RT) NO.2790/95/ED DATED 26/07/1995 ISSUED BY THE 1ST RESPONDENT AND TYPED/LEGIBLE COPY OF EXT.P7 IS ALSO PRODUCED HEREWITH.

EXHIBIT P7(A) TRUE COPY OF THE RELEVANT EXTRACT OF THE GUILINES ISSUED BY THE DEPARTMENT OF SURVEY AND LAND RECORDS.

2024:KER:86068

EXHIBIT P8 TRUE COPY OF THE SETTLEMENT DEED NO.62/1993 OF SUB REGISTRAR OFFICE, KZAHAKOOTAM.

EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED 30/10/2019 SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT PLANNING OFFICER, THIRUVANANTHAPURAM.

EXHIBIT P10 TRUE COPY OF THE ORDER NO.

BP2/2224/19/PTCD DATED 20/12/2019 ISSUED BY THE SECRETARY, POTHANKODE GRAMA PANCHAYAT TO THE ASSISTANT DEVELOPMENT COMMISSIONER (GENERAL). THIRUVANANTHAPURAM.

EXHIBIT P11 TRUE COPY OF THE APPLICATION DATED 17/07/2019 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

EXHIBIT P12 TRUE COPY OF THE REPORT NO.309/2019 DATED 22/09/2019 FORWARDED BY THE VILLAGE OFFICER, MENAKULAM TO THE TALUK OFFICE, THIRUVANANTHAPURAM.

Exhibit-P13 TRUE COPY OF THE LETTER DATED 05.01.2023 ISSUED BY THE DEPUTY TAHSILDAR, KOTTAIKKAKAM TO ONE SMT.SREERANJINI C.S. ALONG WITH A COPY OF THE FILE NO.LRM9-30718/21.