V. Ponnappan vs The District Collector
2025 Latest Caselaw 655 Ker

Citation : 2025 Latest Caselaw 655 Ker
Judgement Date : 7 July, 2025

Kerala High Court

V. Ponnappan vs The District Collector on 7 July, 2025

                                                          2025:KER:49497


               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

        MONDAY, THE 7TH DAY OF JULY 2025 / 16TH ASHADHA, 1947

                       WP(C) NO. 37749 OF 2024


PETITIONER:

    1       V. PONNAPPAN
            AGED 69 YEARS
            S/O. VALYAUDHAN, KARINGATTA KUZHI VELIYIL,
            SOUTH ARYAD, AVALOOKKUNNU P.O,
            ALAPPUZHA, PIN - 688006


            BY ADVS.
            SHRI.B.PRAMOD
            SHRI.ATHUL M.V.



RESPONDENTS:

    1       THE DISTRICT COLLECTOR
            COLLECTORATE, CIVIL STATION WARD,
            ALAPPUZHA, PIN - 688001

    2       TAHSILDAR (LAND RECORDS),
            AMBALAPPUZHA TALUK OFFICE, AMBALAPPUZHA,
            ALAPPUZHA, PIN - 688561

    3       THE TALUK SURVEYOR
            AMBALAPPUZHA TALUK OFFICE, AMBALAPPUZHA,
            ALAPPUZHA, PIN - 688561

    4       THE VILLAGE OFFICER
            KOMALAPURAM VILLAGE OFFICE, PATHIRAPALLY P.O,
            ALAPPUZHA, PIN - 688521

            SMT.DEEPA NARAYANAN, SR. GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                                2025:KER:49497

W.P.(C.) No.37749 of 2024
                                    -2-




                        C. JAYACHANDRAN, J.
               ------------------------------------
                      W.P.(C.) No.37449 of 2024
               ------------------------------------
              Dated, this the 07th day of July, 2025


                                  JUDGMENT

The petitioner approached this Court claiming title to an

extent of 1.62 ares of land (4 cents) under Ext.P1 sale

deed. Ext.P2 is the basic tax receipt and Ext.P3 is the

possession certificate, which would indicate the

petitioner's extent as 1.62 ares. However, by Ext.P8, it

has been informed by the revenue officials that the

petitioner is only in possession of 0.09 ares (2.22 cents).

The petitioner apprehends that his extent will be reduced

in the revenue records as well, in consequence of Ext.P8

issued. It is the petitioner's contention that the north,

east and western side of petitioner's property is secured

by boundary walls and there is a public road on the

southern boundary, where there is a fencing. There arose a 2025:KER:49497

recent claim from the residents of the locality over a

portion of petitioner's property, at its northern side,

which according to the petitioner is a false claim. It is

in that circumstances, petitioner filed Ext.P5 application

for survey and demarcation of the property. The petitioner

approached the Chief Minister of Kerala, since no action

was taken in his application to survey and demarcate his

property. Upon the same being forwarded, the 2 nd respondent

informed the petitioner that his property will be measured,

simultaneous with intimating that the vendor of the

petitioner had taken a stand that a 4 meter wide pathway on

the eastern side forms part of petitioner's property.

Thereafter, a survey has been conducted, which was followed

by issuance of Ext.P8 notice, informing the petitioner

about the reduction in extent of land. The petitioner also

canvasses a contention that Ext.R2(a) sketch and report is

contrary to Ext.P7 revenue list, wherein the extent shown

is 1.62 ares. On the above factual premise, the petitioner

sought for issuance of a writ of certiorari quashing 2025:KER:49497

Exts.P6 and P8 letters and also for a mandamus not to make

changes in the revenue records based on Ext.P8. There is a

further prayer to conduct a proper survey and measurement.

2. Having heard the learned Counsel for the petitioner

and the learned Senior Government Pleader, this Court

notice that the survey has already been conducted in the

petitioner's property and the property stands demarcated. A

sketch and report has also been prepared, which is produced

at Ext.R2(a). Ext.R2(a) would indicate that the petitioner

is in possession of only 0.0090 hectares. If the petitioner

has got any grievance with respect to the survey conducted,

as also, the extent found therein, it is for the petitioner

to pursue appropriate statutory remedy. This Court, in

exercises of Article 226 of the Constitution, cannot look

into the question as regards the correctness of the survey

conducted, or for that matter, the extent shown in

Ext.P2(a) report. Such an exercise on facts is not

contemplated by the powers under Article 226, especially

when there is a statutory remedy.

2025:KER:49497

In the circumstances, without prejudice to the petitioner's

right to avail appropriate statutory remedy, the instant

Writ Petition will stand dismissed.

Sd/-

C. JAYACHANDRAN

JUDGE SKP/07-07 2025:KER:49497

APPENDIX OF WP(C) 37749/2024

PETITIONER'S EXHIBITS:

EXHIBIT P-1 A TRUE COPY OF THE SALE DEED DATED 12.12.2012 REGISTERED AS DOCUMENT NO.

5454/1/2012 OF ALAPPUZHA SRO EXHIBIT P-2 A TRUE COPY OF THE BASIC TAX RECEIPT DATED 11.04.2024 IN RESPECT OF THE PETITIONER'S PROPERTY FOR THE FINANCIAL YEAR 2024-25 EXHIBIT P-3 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 06.05.2024 OF THE PETITIONER'S PROPERTY EXHIBIT P-4 A TRUE COPY OF THE APPLICATION DATED 07.08.2023 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT EXHIBIT P-5 A TRUE COPY OF THE LETTER DATED 22.08.2023 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER EXHIBIT P-6 A TRUE COPY OF THE REPORT DATED 29.09.2023 SUBMITTED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT EXHIBIT P-7 A TRUE COPY OF THE LETTER DATED 17.01.2024 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT ALONG WITH A COPY OF THE REVENUE LIST EXHIBIT P-8 A TRUE COPY OF THE NOTICE DATED 18.07.2024 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER RESPONDENTS' ANNEXURES: