Partly allowed

Kumari Amma v. State of Kerala

Kerala HC26 Jun 2012WP(C)/12720/2012

Case brief

AI extract

What is this about?

The High Court of Kerala directed the Resurvey Assistant Director to conduct an enquiry regarding an alleged survey mistake where 9.5 cents of the petitioner's land was wrongly included with a neighbour's property. The court ordered a proper measurement and boundary fixing within three months to enable tax payment.

What did the court decide?

Direction to the 2nd respondent to re-survey the property within three months after conducting an enquiry and issuing notice to the petitioner and neighbours.

Kumari Amma Vs State of Kerala — Land Acquisition | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR

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TUESDAY, THE 26TH DAY OF JUNE 2012/5TH ASHADHA 1934

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WP(C).No. 12720 of 2012 (L)

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PETITIONER :

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KUMARI AMMA, ALAPPURATH VEETTIL, MANAKKARA MURI, SASTHAMCOTTA KOLLAM.

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BY ADVS.SRI.S.M.PREM SMT.K.P.SANTHI SRI.P.K.NIJOY

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RESPONDENT(S):

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1. STATE OF KERALA

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REPRESENTED BY SECRETARY TO GOVERNMENT

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REVENUE DEPARTMENT, SECRETARIAT,

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THIRUVANANTHAPURAM 695 001

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2. THE RESURVEY ASSISTANT DIRECTOR

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DIRECTORATE OF RESURVEYS, KOLLAM - 691 001.

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3. ADDITIONAL TAHSILDAR

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KUNNATHUR TALUK - 690 540.

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4. TALUK SURVEYOR KUNNATHUR TALUK, SASTHAMKOTTAH,

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KOLLAM - 690 540.

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R1 TO R4 BY GOVT. PLEADER SRI. K.C. VINCENT

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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...2/-

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WP(C).No. 12720 of 2012 (L)

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APPENDIX

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PETITIONERS' EXHIBITS :

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EXT.P-1 TRUE COPY OF THE SALE DEED NO.3187 OF 1982 OF S.R.O SASTHAMKOTTAH.

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EXT.P-2 TRUE COPY OF THE SALE DEED NO.1711 OF 1985 OF S.R.O SASTHAMKOTTAH.

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EXT.P-3 TRUE COPY OF THE SALE DEED NO.1712 OF 1985 OF S.R.O., SASTHAMKOTTAH.

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EXT.P-4 TRUE COPY OF THE REPRESENTATION DATED 18-5-2012 SUBMITTED TO THE 2ND RESPONDENT.

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RESPONDENTS' EXHIBITS : NIL

//TRUE COPY//

P.A. TO JUDGE

T.R. RAMACHANDRAN NAIR, J.

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--------------------------------------W.P.(C) No.12720 OF 2012

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Dated this the 26^th day of June, 2012.

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J U D G M E N T

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The petitioner is seeking for a direction to the 2^nd respondent to take a decision on Ext.P4 produced along with I.A.No.7583/2012. The prayer is to conduct measurement of the property having an extent of 35½ cents and to fix up boundary so as to enable the petitioner to remit tax also. Exts.P1 to P3 are the documents of title. The allegation raised in the writ petition is that during resurvey, about 9.5 cents of land belonging to the petitioner has been wrongly included along with the property of the neighbours. Aggrieved by the same, the writ petition has been filed.

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Heard the learned Government Pleader for the respondents.

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There will be a direction to the 2^nd respondent to consider Ext.P4 after conducting due enquiry and take steps to rectify the mistake, if any, after notice to the petitioner and to the

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W.P.(C) No.12720/2012

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neighbours involved whose properties are adjoining the properties of the petitioner and after conducting a proper survey in the matter within a period of three months from the date of production of a copy of this judgment along with a copy of the writ petition by the petitioner herein.

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This writ petition is disposed of as above.

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T.R. RAMACHANDRAN NAIR JUDGE

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smp

Kumari Amma v. State of Kerala

Case brief

What is this about?

What did the court decide?

Kumari Amma v. State of Kerala

Case brief

What is this about?

What did the court decide?

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