Disposed

Mary Felicity Geroge v. State of Kerala

Kerala HC22 Oct 2013WP(C)/17815/2013

Case brief

AI extract

What is this about?

In this writ petition, petitioners challenged a re-survey of their property that reduced their recorded land extent and imposed tax liability they disputed. The Court observed that while the petitions were technically disposed of, it directed the respondent authorities to finalize pending appeals filed by the petitioners within three months after providing proper notice.

What did the court decide?

Writ petition disposed of. Directing 2nd respondent to finalize pending appeals (Exts P15, P16) within 3 months.

Mary Felicity Geroge Vs State of Kerala — Land Acquisition | Kerala HC (2013)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON

¶4

TUESDAY, THE 22ND DAY OF OCTOBER 2013/30TH ASWINA, 1935

¶5

WP(C).No. 17815 of 2013 (B)

¶6

PETITIONER(S):

¶7

1. MARY FELICITY GEROGE, D/O.LATE GEORGE CHANDRASENAN & MARY JAYAMATHI GEORGE, AGED 70, RESIDING IN T.C NO.14/1376 (7), THODIYIL HOUSE/ST.JOSPEPH'S PALACE, PARIS ROAD RBI JN; PALAYAM, THYCAUD, THIRUVANANTHAPURAM 695 033.

¶8

2. JOSEPH GEORGE,

¶9

S/O.LATE GEORGE CHANDRASENAN & MARY JAYAMATHI GEORGE, AGED 65, RESIDING IN T.C NO.14/1376 (7) THODIYIL HOUSE/ST.JOSPEPH'S PALACE, PARIS ROAD RBI JN; PALAYAM, THYCAUD, THIRUVANANTHAPURAM 695 033.

¶10

BY ADVS.SRI.R.S.KALKURA

¶11

SRI.M.S.KALESH SMT.A.V.PRIYA SRI.HARISH GOPINATH SRI.GENS GEORGE ELAVINAMANNIL

¶12

RESPONDENT(S):

¶13

1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶14

2. THE DIRECTOR, DIRECTORATE OF SURVEY AND LAND RECORDS, SURVEY BHAVAN, VAZHUTHACAUD P.O., THIRUVANANTHAPURAM 695 014.

¶15

3. HEAD SUPERINTENDENT OF RE-SURVEY, RE-SURVEY OFFICE, KARAMANA, PULIMOOD, THIRUVANANTHAPURAM - 695 002.

Kss

..2/-

..2...

WPC.NO.17815/2013 (B)

¶20

4. THE DISTRICT COLLECTOR, COLLECTORATE OFFICE, KUDAPPANAKUNNU, THIRUVANANTHAPURAM - 695 043.

¶21

5. THE ADDITIONAL THASILDAR, TALUK OFFICE, FORT, THIRUVANANTHAPURAM - 695 023.

¶22

6. CITY CORPORATION OF TRIVANDRUM, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM - 695 033.

¶23

7. VILLAGE OFFICER, THYCAUD VILLAGE, METTAKKADA ROAD JUNCTION, THIRUVANANTHAPURAM - 695 014.

¶24

8. TALUK SURVEYOR, TALUK OFFICE, FORT, THIRUVANANTHAPURAM - 695 023.

¶25

R1 TO R5,R7 & R8 BY SR.GOVERNMENT PLEADER SRI.JOSEPH GEORGE R6 BY ADV. SRI.P.K.MANOJKUMAR

¶26

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-10-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶27

Kss

¶28

WP(C).No. 17815 of 2013 (B)

¶29

APPENDIX

¶30

PETITIONER(S)' EXHIBITS:

¶31

EXT.P1: TRUE COPY OF THE LETTER, SENT BY THE PETITOINERS' LATE FATHER, TO THE 6TH RESPONDENT, DATED 31/5/1982.

¶32

EXT.P2a: TRUE COPY OF THE LAND-TAX RECEIPT DATED 27/11/2001 ISSUED TO THE 1ST PETITIONER, IN RESPECT OF 33.524 CENTS OF PROPERTY, FOR THE YEARS 2001-2002.

¶33

EXT.P2b: TRUE COPY OF THE LAND-TAX RECEIPT DATED 07/01/2003 ISSUED TO THE 1ST PETITIONER, IN RESPECT OF 33.524 CENTS OF PROPERTY, FOR THE YEARS 2002-2003.

¶34

EXT.P3a: TRUE COPIES OF THE LAND-TAX RECEIPT DATED 27/11/2001 ISSUED TO THE 2ND PETITIONER, IN RESPECT OF 10 CENTS OF PROPERTY, FOR THE YEARS 2001-2002.

¶35

EXT.P3b: TRUE COPIES OF THE LAND-TAX RECEIPT DATED 07/01/2003 ISSUED TO THE 2ND PETITIONER, IN RESPECT OF 10 CENTS OF PROPERTY, FOR THE YEARS 2002-2003.

¶36

EXT.P3c: TRUE COPIES OF THE LAND-TAX RECEIPT DATED 13/05/2005 ISSUED TO THE 2ND PETITIONER, IN RESPECT OF 10 CENTS OF PROPERTY, FOR THE YEARS 2005-2006.

¶37

EXT.P3d: TRUE COPIES OF THE LAND-TAX RECEIPT DATED 29/09/2006 ISSUED TO THE 2ND PETITIONER, IN RESPECT OF 10 CENTS OF PROPERTY, FOR THE YEARS 2006-2007.

¶38

EXT.P3e: TRUE COPIES OF THE LAND-TAX RECEIPT DATED 07/12/2007 ISSUED TO THE 2ND PETITIONER, IN RESPECT OF 10 CENTS OF PROPERTY, FOR THE YEARS 2007-2008.

¶39

EXT.P4: COPY OF SALE DEED NO.110/2005 DATED 07/01/2005 OF CHALAI SRO.

¶40

EXT.P5a: TRUE COPIES OF THE LAND-TAX RECEIPT DATED 13/05/2005 ISSUED TO THE 1ST PETITIONER, IN RESPECT OF 20.206 CENTS (33.52413.318) FOR THE YEAR 2005-2006.

¶41

EXT.P5b: TRUE COPIES OF THE LAND-TAX RECEIPT DATED 29/09/2006, ISSUED TO THE 1ST PETITIONER, IN RESPECT OF 20.206 CENTS (33.52413.318) FOR THE YEAR 2006-2007.

..2/-

Kss

...2.....

WPC.NO.17815/2013 (B)

¶46

EXT.P5c: TRUE COPIES OF THE LAND-TAX RECEIPT DATED 07/12/2007 ISSUED TO THE 1ST PETITIONER, IN RESPECT OF 20.206 CENTS (33.52413.318) FOR THE YEAR 2007-2008.

¶47

EXT.P6: TRUE COPY OF REPORT FILED BY THE ADVOCATE COMMISSIONER COMMISSIONER IN O.S.NO. 3685/1989 ON THE FILE OF THE MUNISIFF'S COURT, THIRUVANANTHAPURAM DATED 09/10/2003.

¶48

EXT.P7: TRUE COPY OF THE REPORT NO.514/2006, DATED 22/02/2006, SUBMITTED BY THE VILLAGE OFFICE, THYCAUD TO THE TALUK

¶49

OFFICE, IN RESPECT OF THE REVENUE-LIST OF SY.NOS.169 TO 174 OF THYCAUD VILLAGE.

¶50

EXT.P8: TRUE COPY OF THE COMPLAINT SUBMITTED BY THE 1ST PETITIONER TO THE HEAD SURVEYOR, THIRUVANANTHAPURAM DTD.27/08/2006.

¶51

EXT.P9: TRUE COPY OF THE LETTER ISSUED BY THE REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM, DATED 23/09/2006.

¶52

EXT.P10a: TRUE COPY OF THE COMPLAINT WITHOUT ITS ANNEXURES, SENT BY THE 1ST PETITIONER TO THE 4TH RESPONDENT DATED 02/06/2007.

¶53

EXT.P10b: TRUE COPY OF RECEIPT NO.938/07 DATED 04/06/2007 ISSUED BY THE OFFICE OF THE 4TH RESPONDENT.

¶54

EXT.P11: TRUE COPY OF THE PAKUTHI NO.6 DATED 14/09/1953 IN RESPECT OF THE ENTIRE 74 CENTS, ISSUED BY THE 7TH RESPONDENT, DTD. 14/09/1953.

¶55

EXT.P12a: TRUE COPY OF THE LITHO-MAP IN RESPECT OF THE ENTIRE AREA INCLUDING THE PROPERTIES IN SY.NO.171/1 OF THYCAUD VILLAGE, THIRUVANANTHAPURAM.

¶56

EXT.P12b: TRUE COPY OF POSSESSION CERTIFICATE NO.3937/2003, DATED 11/08/2003, ISSUED BY THE 7TH RESPONDENT TO THE 1ST PETITIONER, IN RESPECT HER 33.524 CENTS OF PROPERTY COMPRISED IN SY NO.171/1-6 OF THYCAUD VILLAGE, THIRUVANANTHAPURAM.

¶57

EXT.P12c: TRUE COPY OF THE LOCATION CERTIFICATE NO.3936/2003, DATED 12/08/2003, ISSUED BY THE 7TH RESPONDENT TO THE 1ST PETITIONER, IN RRESPECT HER 33.524 CENTS OF PROPERTY COMPRISED IN SY.NO.171/1-6 OF THYCAUD VILLAGE, THIRUVANANTHAPURAM.

Kss

..3/-

..3....

WPC.NO.17815/2013 (B)

¶62

EXT.P12d: TRUE COPY OF THE LOCATION SKETCH NO.3938/2003, CERTIFIED ON 12/08/2003 ISSUED BY THE 7TH RESPONDENT TO THE 1ST PETITIONER, IN RRESPECT HER 33.524 CENTS OF PROPERTY COMPRISED IN SY.NO.171/1-6 OF THYCAUD VILLAGE, THIRUVANANTHAPURAM.

¶63

EXT.P13: TRUE COPY OF THE RE-SURVEY MAP FOR BLOCK 13 OF THYCAUD VILLAGE.

¶64

EXT.P14: TRUE COPY OF THE RELEVANT PAGES OF THE BASIC TAX REGISTRER, THYCAUD VILLAGE.

¶65

EXT.P15: TRUE COPY OF THE COMPLAINT FILED BY THE 1ST PETITIONER, DTD.06/03/2009.

¶66

EXT.P16: TRUE COPY OF THE COMPLAINT FILED BY THE 2ND PETITIONER, DGD. 04/03/2009.

¶67

EXT.P17: TRUE COPY OF THE REPRESENTATION DATED 23/06/2009, SENT BY HE 1ST PETITIONER TO THE HON'BLE CHIEF MINISTER OF KERALA,

¶68

WITHOUT THE APPENDICES.

¶69

EXT.P18: TRUE COPY OF THE REPRESENTATION DATED 03/05/2009, SENT BY HE 1ST PETITIONER TO THE HON'BLE CHIEF MINISTER OF KERALA, WITHOUT THE APPENDICES.

¶70

EXT.P19: TRUE COPY OF THE LETTER NO.J1-47937/10 DATED 12/7/2010 OF THE DISTRICT SURVEY SUPERINTENDENT, THIRUVANANTHAPURAM.

¶71

EXT.P20: TRUE COPY OF THE LETTER DATED 13/8/2010 SENT BY THE 1ST PETITIONER TO THE 4TH RESPONDENT.

¶72

EXT.P21: TRUE COPY OF THE LETTER SENT BY THE 2ND PETITIONER, DATED 20/03/2012 TO THE 4TH RESPONDENT.

¶73

EXT.P22: TRUE COPY OF THE RECEIPT ISSUED BY THE 4TH RESPONDENT, DATED 20/03/2012.

¶74

EXT.P23: TRUE COPY OF THE REPRESENTATION DATED 18/05/2012, WITHOUT ITS APPENDICES, SENT BY THE 1ST PETITIONER TO THE HON'BLE PRIME MINISTER OF INDIA, DATED 18/05/2012.

¶75

EXT.P24: TRUE COPY OF THE LETTER NO.9/3/2012, DATED 14/06/2012, ISSUED BY THE PRIME MINISTER'S OFFICE TO THE 1ST RESPONDENT.

..4/-

Kss

..4...

WPC.NO.17815/2013 (B)

¶80

EX.P25: TRUE COPY OF THE LETTER NO.42876/E3/12/REVENUE, DATED 11/07/2012, ISSUED BY THE 1ST RESPONDENT TO THE 1ST PETITIONER.

¶81

EXT.P26: TRUE COPY OF THE NOTICE DATED 04/09/2011, BUT BEARING POSTALSEAL DATED 07/09/2012, ISSUED BY THE 8TH RESPONDENT.

¶82

EXT.P27: A TRUE COPY OF THE TELEGRAM SENT BY THE 1ST PETITIONER, DATED 11/9/2012.

¶83

EXT.P28:TRUE COPY OF THE NOTICE DATED 12/09/2012, ISSUED BY THE 8TH RESPONDENT.

¶84

EX.P29: TRUE COPY OF THE LETTER NO.H3-22566/2012, DATED 22/10/2012, ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER.

¶85

EXT.P30: TRUE COPY OF THE REPLY DATED 30/11/2012, SENT BY THE 1ST PETITIONER,WITHOUT ITS APPENDICES.

¶86

EXT.P31: TRUE COPY OF THE LETTER NO.S4-60465/2012/L.DIS, DATED 17/08/2012, ISSUED BY THE 4TH RESPONDENT TO THE 6TH RESPONDENT.

¶87

EXT.P32: TRUE COPY OF THE LETTER NO.695100-09546, DATED 15/06/2012, ISSUED BY THE OFFICE OF THE SENIOR SUPERINTENDENT OF POST OFFICES, KERALA.

¶88

EXT.P33: TRUE COPY OF THE LETTER NO.LRM2-59580/12, DATED 03/11/2012, ISSUED BY THE 5TH RESPONDENT.

¶89

EXT.P34: TRUE COPY OF THE LETTER NO.H.3.18625/2012 L DIS, DATED 04/02/2013, ISSUED BY THE 2ND RESPONDENT TO THE STATE COMMISSIONER FOR WELFARE OF DISABLED PERSONS.

¶90

EXT.P35: TRUE COPY OF THE LETTER NO.P.G.R.C.-1033/07, DATED 26/07/2007 ISSUED BY THE 4TH RESPONDENT TO THE 7TH RESPONDENT.

¶91

RESPONDENT(S)' EXHIBITS:

N I L

/TRUE COPY/

P.A.TO JUDGE

Kss

P.R.RAMACHANDRA MENON, J.

¶97

¶98

W.P.(c) No.17815 OF 2013

¶99

¶100

Dated this the 22^nd day of October, 2013

¶101

JUDGMENT

¶102

The petitioners have approached this Court seeking to set aside

¶103

Exts. P33 and P34 and for issuance of writ of mandamus directing the respondents to cancel the re-survey in respect of the properties of the petitioners in Sy. No. 171/1 of Thycaud Village, in the light of Exts. P7,

¶104

P10a, P10b, P11, P12a, P12b, P12c, P12d, P13 and P14 and also to

¶105

direct the 7^th respondent to accept land-tax, as it was being accepted earlier.

¶106

The case of the petitioners is that, the rights and liberties of the petitioners with regard to the property involved stand settled and that there was no dispute from any corner in this regard. But in the year 2006-'07, there was a re-survey, pursuant to which, only a lesser

¶107

extent was shown as in the actual possession of the petitioners, as a result of which, the petitioners were virtually prevented from satisfying land tax in respect of the property covered by the title deed. The case

¶108

17815/2013 2

¶109

of the petitioners is that, eventhough the petitioners had approached the concerned respondent by filing necessary application for rectifying

¶110

the mistake in the re-survey, also producing relevant documents, vide Exts. P2 series, Ext. P3 series, Ext. P4, P5 etc, the respondents did not pay any heed to the same and that the mistake still continues, which hence is sought to be redressed by filing the present writ petition.

¶111

The learned Government Pleader appearing for the respondents submits on instructions that, there was no lapse/fault in any manner on the part of the respondents and that Ext.P33 was issued only because of the non-corporation from the part of the petitioners, as discernible from the contents of the very same document. It is stated that, inspite of the steps taken by the concerned authorities to inspect the premises and the notices issued on 04/09/2011 and 12.09.2012 by the concerned Surveyor, they were not properly responded and on the relevant date and when the fifth respondent along with the Head Surveyor inspected the premises, it was found that the gate and the premises were lying locked. It is also stated that no document was produced by the petitioners. In the said circumstances, there was no

¶112

17815/2013 3

¶113

other alternative, but to complete the resurvey, leading to issuance to Ext.P33. The factual position in this regard is sought to be asserted in Ext.P34 as well.

¶114

The learned counsel for the petitioners submits that the petitioners were out of station for some time and further that, many of the notices issued have not been served to the petitioners, under which circumstances, the petitioners have preferred some complaints against the postal authorities as well. The learned counsel further makes a reference to Ext.P35, which is a communication issued by the District Collect to the Village Officer directing the Village Officer to furnish a report within seven days, which is still to be complied with. It is also pointed out that, all the relevant documents were produced by the petitioners along with the application preferred earlier and that the petitioners are ready to furnish copies of the documents afresh. In the said circumstances, the petitioners are set at liberty to approach the fifth respondent with copies of all the relevant documents.

¶115

It is also brought to the notice of this Court that, being aggrieved of the resurvey already effected, the petitioners have

¶116

¶117

17815/2013

¶118

approached the appellate authority by filing Exts.P15 and P16 and that the said proceedings are still to be finalised. In the said circumstances, the second respondent to directed to cause Exts.P15 and P16 to be considered and finalised by the competent authority after giving proper notice of hearing to the petitioners and others concerned. The proceedings shall be finalised in accordance with law, at the earliest, at any rate, within 'three months' from the date of receipt of a copy of this judgment. The petitioners shall produce a copy of this judgment along with a copy of the writ petition before the second respondent for further steps.

¶119

Writ petition is disposed of.

¶120

P.R.RAMACHANDRA MENON JUDGE

¶121

sv.

¶122

17815/2013 5

Mary Felicity Geroge v. State of Kerala

Case brief

What is this about?

What did the court decide?

Mary Felicity Geroge v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

G.K.Granites Ltd. Vs Bharath Petroleum Company

S.Mohankumar Vs Taluk Supply Officer, Kunnathoor

Ramesan.v.C Vs the Union of India

Thankamani Vs K.v.Jose

M.Padmanabhan Namboothiri Vs P.Purushothaman

Sachin Keshavan Vs the Regional Officer