Petitioner sought correction of revenue records regarding a mistake affecting his property holding. Court directed lower authorities to consider the grievance for rectification after petitioner produced sale deeds establishing title.
Directed Third Respondent to consider grievance for rectification of revenue records and incorporate land in survey records.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC
THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933
WP(C).No. 21021 of 2011(C)
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PETITIONER:
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SHAMSUDEEN, AGED 60 YEARS, S/O. MOHAMMED KASIM, IRSHAD MANZIL, KAITHOD.P.O., NILAMEL.
BY ADVS. SRI.P.HARIDAS, SMT.SIKKY RAVISHANKAR.
RESPONDENTS:
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1. THE TAHSILDAR, KOTTARAKARA TALUK - 691 506.
2. ASSISTANT DIRECTOR, SURVEY AND LAND RECORDS, RE-SURVEY, KOLLAM - 691 001.
3. THE SUPERINTENDENT OF SURVEY AND LAND RECORDS, RE-SURVEY, ANCHAL, KOLLAM DISTRICT - 691 504.
R1 TO R3 BY GOVT. PLEADER SRI. MOHAMMED SHAH.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).NO.21021/2011-C:
APPENDIX
PETITIONER'S EXHIBITS:-
EXT.P.1: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER'S WIFE BEFORE THE R.2. DTD. 05/03/2000.
EXT.P.2: COPY OF THE JUDGMENT DTD. 08/06/2005 IN O.P. NO. 23125/2002 BEFORE THIS HON'BLE COURT.
EXT.P.3: COPY OF THE LETTER DTD. 16/07/2005 SUBMITTED BY THE PETITIONER.
EXT.P.4: COPY OF THE COMPLAINT DTD. 28/11/2005.
EXT.P.5: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE R.2. DTD. 20/07/2011.
EXT.P.6: COPY OF THE PRIOR TITLE DEED NO.4464 OF 1117 M.E.,
EXT.P.7: COPY OF THE SALE DEED NO.1946 OF 1990 DTD. 26/06/1990.
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.S. TO JUDGE
Prv.
ANTONY DOMINIC, J.
W.P.(C) No. 21021 OF 2011
Dated this the 13th day of October, 2011
J U D G M E N T
Petitioner claims to be the owner of 1 Hector 41.24 Acres of property in Sy.No.139/2 of Nilamel Village. He says that there is a mistake in the resurvey records of the property and therefore he approached the resurvey Adalath. When steps were not taken for correcting the mistake an original petition was filed before this court as O.P.23125 of 2002. That O.P. was disposed of directing consideration of his complaint. Even thereafter his grievance was not redressed. Therefore this writ petition is filed with the following prayer.
“Issue a writ of mandamus, or any other appropriate writ, order or direction, directing the 1st respondent to take necessary action to correct the revenue records for the mistake crept in regarding the property of this
W.P.(C) No. 21021 OF 2011
:2 :
petitioner and to incorporate entire 1 Hector 41 Ares and 24 sq.meters of property as petitioners' holding in the survey records.”
difficulty pointed out by the respondents, no longer survives. In that view of the matter I dispose of the writ
W.P.(C) No. 21021 OF 2011 :3 :
petition directing that the petitioner shall produce the aforesaid documents before the 3rd respondent who, thereupon shall consider the grievance of the petitioner for rectification of the mistake pointed out, in compliance with the orders of this court in Ext.P2 judgment referred to above. Petitioner is directed to produce the documents within two weeks from today along with a copy of writ petition and the documents referred to above before the respondents and thereupon the respondents shall complete the process and pass orders thereon as expeditiously as possible at any rate within six weeks from the date of receipt of a copy of this judgment.
ANTONY DOMINIC, JUDGE
ul/-
2 issues framed by the court
Whether the writ petitioners claim of mistake in resurvey records warrants rectification by the revenue authorities given non-production of title documents initially.
Whether the grievance of the petitioner requires consideration for rectification of the mistake pointed out after production of sale deeds.
SHAMSUDEEN
THE TAHSILDAR, KOTTARAKARA TALUK
ASSISTANT DIRECTOR, SURVEY AND LAND RECORDS, RE-SURVEY, KOLLAM
THE SUPERINTENDENT OF SURVEY AND LAND RECORDS, RE-SURVEY, ANCHAL, KOLLAM DISTRICT
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
