Sree Ganesh vs The Tahsildar
2024 Latest Caselaw 30477 Ker

Kerala High Court

Sree Ganesh vs The Tahsildar on 25 October, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

                                                   2024:KER:79524



           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

         THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

  FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946



                   WP(C) NO. 34754 OF 2024

PETITIONERS:

    1     SREE GANESH,
          AGED 56 YEARS
          S/O. GOPALA KAIMAL, KUMARA MANGALAM HOUSE,
          CHERIYANADU, CHENGANNUR, ALAPPUZHA, PIN - 689511

    2     SREELAJA,
          AGED 52 YEARS
          W/O SREE GANESH, KUMARA MANGALAM HOUSE,
          CHERIYANADU, CHENGANNUR, ALAPPUZHA, PIN - 689511


          BY ADVS.
          RAFEEK. V.K.
          U.M.HASSAN
          NISHNA P.T.
          ABDULLA JAMAL




RESPONDENTS:

    1     THE TAHSILDAR,
          TALUK OFFICE PALAKKAD KENATHUPARAMBU,
          KUNATHURMEDU, PALAKKAD, PIN - 678001

    2     ADDITIONAL TAHSILDAR, (LAND RECORDS),
          TALUK OFFICE, PALAKKAD KENATHUPARAMBU,
          KUNATHURMEDU, PALAKKAD, PIN - 678001
                                                          2024:KER:79524
WP(C) NO.34754 OF 2024
                                  2

     3       VILLAGE OFFICER,
             VILLAGE OFFICE PIRAYIRI, MELAMURI PUDUR KOTTAYI
             ROAD, UMA NAGAR, THIRUNELLAYI, PIRAYIRI,
             PALAKKAD, PIN - 678004


             BY ADV.
             SRI. B. S. SYAMANTHAK - GOVERNMENT PLEADER



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   25.10.2024,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                                                              2024:KER:79524
WP(C) NO.34754 OF 2024
                                      3

                            JUDGMENT

The petitioners claim to be the owner in possession of

47.48 Ares of land comprised in Re-Survey Nos.243/12, 243/33,

243/5, Block No.20 of Pirayiri Village of Palakkad Taluk. As per

Ext.P2 BTR, the property comprised in old Survey Nos.7/3, 4, 5, 6

is described as 'Purayidam' (Asthira Punja). But after the

resurvey, in the BTR, the property was described as 'Nilam'.

According to the petitioners, it is only a mistake. Therefore, they

filed Ext.P4 representation before the 2nd respondent to correct

the said mistake. The grievance of the petitioners is that no

action has been taken on Ext.P4.

2. Having heard Sri. Rafeek V. K., the learned counsel for

the petitioners and Sri. B. S. Syamanthak, the learned

Government Pleader, this Writ Petition is disposed of with a

direction to the 2nd respondent to dispose of Ext.P4, in

accordance with law, after hearing the petitioners, within a period

of two months from the date of receipt of a copy of this

judgment.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE BR 2024:KER:79524 WP(C) NO.34754 OF 2024

APPENDIX OF WP(C) 34754/2024

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 06-06-2024

Exhibit P2 TRUE COPY OF THE BTR EXTRACT OF THE PROPERTY DATED NIL PREPARED BY THE TAHSILDAR LAND RECORDS PALAKKAD

Exhibit P3 TRUE COPY OF POSSESSION CERTIFICATE DATED 01.07.2024 ISSUED BY THE 3RD RESPONDENT

Exhibit P4 TRUE COPY OF REPRESENTATION DATED 08.07.2024 ALONG WITH RECEIPT

Exhibit P5 TRUE COPY OF THE ORDER DATED 12.04.2022 OF THE 2ND RESPONDENT

RESPONDENTS' EXHIBITS: NIL