Geevarghese Mathulla vs The District Collector
2025 Latest Caselaw 5073 Ker

Kerala High Court

Geevarghese Mathulla vs The District Collector on 12 March, 2025

                                          2025:KER:21713

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                        PRESENT

          THE HONOURABLE MR. JUSTICE P.M.MANOJ

 WEDNESDAY, THE 12TH DAY OF MARCH 2025 / 21ST PHALGUNA,

                          1946

                WP(C) NO. 39161 OF 2016

PETITIONER:

         GEEVARGHESE MATHULLA
         AGED 58 YEARS
         S/O.EAPPEN MATHULLA, AGED 58 YEARS
         AATTIPARAMBIL, THALAVADI THEKKEMURIYIL
         THALAVADI VILLAGE, KUTTANAD TALUK, ALAPPUZHA
         DISTRICT.

         BY ADVS.
         SRI.P.M.JOSHI
         SMT.ELIZABETH KOSHY
         SMT.SIJI K.PAUL




RESPONDENTS:

    1    THE DISTRICT COLLECTOR
         ALAPPUZHA DISTRICT, ALAPPUZHA.

    2    THE TAHSILDAR,
         KUTTANAD TALUK, KUTTANAD.

    3    THE ADDITIONAL TAHSILDAR,
         KUTTANAD TALUK, KUTTANAD.

    4    THE VILLAGE OFFICER,
         THALAVADI VILLAGE, THALAVADI.

    5    THE DISTRICT SURVEY SUPERINTENDENT,
         ALAPPUZHA DISTRICT.
 WP(C)No.39161 of 2016
                                                     2025:KER:21713
                                  2

    6      ADDL.R6.ZACHARIA,
           S.O LATE EAPEN ZACHARIA, THALAVADY VILLAGE,
           KUUTTANADU, ALAPUZHA DISTRICT. 689572 [ADDL.R6
           IS IMPLEADED AS PER ORDER DATED 18.02.2025 IN
           IA1/2025 IN WP(C) 39161/2016]

           BY ADVS.
           GOVERNMENT PLEADER
           P.HARIDAS
           BIJU HARIHARAN
           SHIJIMOL M.MATHEW
           P.C.SHIJIN
           ROSHIN MARIAM JACOB
           PRAJISHA O.K.

               R1 TO 5 - SMT.RASHMI.K.M,SENIOR GOVERNMENT
               PLEADER


        THIS    WRIT   PETITION   (CIVIL)   HAVING    BEEN   FINALLY
HEARD ON 12.03.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 WP(C)No.39161 of 2016
                                                2025:KER:21713
                               3

                        JUDGMENT

(Dated this the 12th day of March, 2025)

The petitioner and additional 6th respondent are the

successors of the erstwhile owner of property in old survey

No.300/B of Thalavady Village. The issue raised in the writ

petition is with respect to the mistake crept in the entry in

Ext.P8, BTR. In order to prove that it is a mistake, the

petitioner has produced the Settlement Register. Then it

appears that, the property is originally recorded in the

Settlement Register as 'Thalavadi Ganapathi Dewaswam

property'.

2. It is stated by the petitioner that, such mistake

occurred in the BTR only after the re-survey. Accordingly, he

had approached the authority for correcting the same.

However, by Ext.P5 order, the Tahsildar has relegated the

matter to the Land Tribunal, Cherthala and directed the

petitioner to approach the Land Tribunal for correcting the

same.

3. It is the case of the petitioner that, it is an error

crept in the record while making entry in the BTR and that

will have to be corrected by the appropriate authority.

Accordingly, the petitioner seeks for a direction to correct the

2025:KER:21713

entry in BTR, in accordance with the settlement Register. In

this regard, the petitioner has already approached the

Tahsildar (LR) as per Ext.P6. The appropriate Authority shall

take decision on Ext.P6 as per the guidelines issued by the

Survey Director in Ext.P9, Circular within a period of one

month. At the same time, the learned Counsel for the

Additional 6th respondent submitted that, he has already

preferred two writ petitions, i.e.,WP(C)No. 27731/2016 and

WP(C)No.3765/2017. Under such circumstances, it is clarified

that the direction in this writ petition will not stand in the

way in complying with the directions given in the judgment

of the aforementioned writ petitions.

Accordingly, the writ petition is disposed of.

Sd/-

P.M MANOJ JUDGE AKH

2025:KER:21713

APPENDIX OF WP(C) 39161/2016

RESPONDENT EXHIBITS

EXHIBIT R6 (Q) TRUE COPY OF THE JUDGMENT IN WP(C) NO. 3765/2017 OF THIS HON'BLE COURT DATED 13.06.2024

EXHIBIT R6 (A) TRUE COPY OF THE AGREEMENT DATED 13.2.1972

EXHIBIT R6 (B) TRUE COPY OF THE APPLICATION DATED 8.3.2001 MADE BY THE ADDITIONAL 6TH RESPONDENT

EXHIBIT R6 (C) TRUE COPY OF THE REPORT DATED 07.06.2003 OF THE 4TH RESPONDENT

EXHIBIT R6 (D) TRUE COPY OF THE MAHAZAR DATED 09.06.2003 OF THE 4TH RESPONDENT

EXHIBIT R6 (E) TRUE COPY OF THE NOTICE ISSUED BY THE LOCAL AUTHORITY DATED 4.11.2014

EXHIBIT R6 (F) TRUE COPY OF THE RATION CARD OF THE ADDITIONAL 6TH RESPONDENT

EXHIBIT R6 (G) TRUE COPY OF ELECTRICITY BILL DATED 16.4.2014

EXHIBIT R6 (H) TRUE COPY OF THE TELEPHONE BILL DATED 5.1.2015

EXHIBIT R6 (J) TRUE COPY OF THE REPLY BY THE MANAGER, GANAPATHI TEMPLE DEVASWOM, THALAVADI DATED 29.4.2016

EXHIBIT R6 (K) TRUE COPY OF THE PROCEEDINGS NO. A5- 5117/15 OF 2ND RESPONDENT DATED 4.5.2016

EXHIBIT R6 (L) TRUE COPY OF THE JUDGMENT DATED 19.10.2015 IN W.P.(C). NO. 31755/2015

EXHIBIT R6 (M) TRUE COPY OF THE APPLICATION DATED 9.8.2016

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EXHIBIT R6 (N) TRUE COPY OF THE JUDGMENT IN W.P.(C).

NO. 27731/2016 OF THIS HON'BLE COURT DATED 13.06.2024

EXHIBIT R6 (O) TRUE COPY OF THE NOTICE DATED 25.11.2016 ISSUED BY THE TRAVANCORE DEVASWOM BOARD

EXHIBIT R6 (P) TRUE COPY OF THE NOTICE DATED 10.1.2017 ISSUED BY THE SPECIAL TAHSILDAR, TRAVANCORE DEVASWOM BOARD

EXHIBIT R6 (I) TRUE COPY OF THE NOTICE NO. A5- 5117/15 DATED 22.4.2016 ISSUED BY THE TAHASILDAR

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE APPLICATION DT.25- 11-14 SUBMITTED BEFORE R1.

EXHIBIT P2 TRUE COPY OF THE MAHAZAR DT.12-3-15 PREPARED BY R3.

EXHIBIT P3 TRUE COPY OF THE REPORT DT.10-3-15 OF R3 TO R2.

EXHIBIT P4 TRUE COPY OF THE JUDGMENT DT.19-10-15 IN WPC 31755/15.

EXHIBIT P5 TRUE COPY OF THE PROCEEDINGS OF R2 DT.4-5-16.

EXHIBIT P6 TRUE COPY OF THE LETTER DT.28-10-16 ISSUED FROM LAND TRIBUNAL, CHERTHALA.

EXHIBIT P7 TRUE COPY OF THE RELEVANT PAGE OF THE SETTLEMENT REGISTER.

EXHIBIT P8 TRUE COPY OF THE BASIC TAX REGISTER.