Allowed

District Consumers Vigilance Forum v. Kerala State

Kerala HC29 Aug 2016WP(C)/18970/2016

Case brief

AI extract

What is this about?

The Court treated a PIL regarding maladministration in land surveys in Idukki District as a public interest litigation. Directing authorities to resume and complete re-survey work within one year to rectify errors causing property disputes.

What did the court decide?

Respondents directed to resume and complete re-survey of lands in Idukki District within one year; survey to be conducted with due notice and cooperation from landowners.

District Consumers Vigilance Forum Vs Kerala State — Land Acquisition | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HON'BLE THE ACTING CHIEF JUSTICE MR. MOHAN M.SHANTANAGOUDAR & THE HONOURABLE MR.JUSTICE K.T.SANKARAN

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MONDAY, THE 29TH DAY OF AUGUST 2016/7TH BHADRA, 1938

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WP(C).No. 18970 of 2016 (S) ----------------------------

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PETITIONER(S):

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1. THE DISTRICT CONSUMERS VIGILANCE FORUM THODUPUZHA, IDUKKI DISTRICT, REPRESENTED BY ITS SECRETARY, SRI. SEBASTIAN ABRAHAM, S/O. C.D.ABRAHAM, AGED 52 YEARS, CHIRAKKAPURAYIDATHIL HOUSE, MARYGIRI P.O., IDUKKI.

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2. MATHEW GEORGE KUNNATHU HOUSE, PANNOOR P.O., PARIMMANNOOR, THODUPUZHA, IDUKKI.

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3. BHAVANI PURUSHOTHAMAN CHELAKAPARAMBIL, ARIKUZHA P.O., THODUPUZHA, IDUKKI.

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4. IBRAHIM, ENTHUNKAL, KARIKODU THODUPUZHA EAST P.O., THODUPUZHA, IDUKKI.

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5. C.M.GEORGE CHENNATTUKUZHIYIL HOUSE, VELLARA P.O., IRUMPUPALAM, MEZHUKUNCHAL, IDUKKI DISTRICT.

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6. RAVI PANOOLIL HOUSE, VALLARA P.O., IRUMPUPALAM, IDUKKI DISTRICT.

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7. ELDHOSE P.VARGHESE PULINCHOTTIL, COLONY PALAM, VALLARA P.O., ADIMALI VIA, IDUKKI DISTRICT.

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8. MARY BOY CHALADU HOUSE, VALLARA P.O., VALLARA, IDUKKI DISTRICT.

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WP(C).No. 18970 of 2016 (S)

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- 2 -

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9. CHERIYAN MATHEW KUZHINJALIL HOUSE, VELLIYAMATTOM P.O., THODUPUZHA, IDUKKI DISTRICT.

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10. T.M.AUGUSTINE THONIKKALEL HOUSE, NEDIASALA P.O., THODUPUZHA, IDUKKI.

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BY ADV. SRI.SHAIJAN JOSEPH

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RESPONDENT(S):

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1. KERALA STATE REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF LAND REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2. DISTRICT COLLECTOR IDUKKI DISTRICT, KUILIMALA, PAINAVU, IDUKKI.

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3. SURVEY SUPERINTENDENT SURVEY DEPARTMENT, IDUKKI DISTRICT, IDUKKI.

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R1-R3 BY SPL. GOVERNMENT PLEADER SRI. M.L. SAJEEVAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 18970 of 2016 (S)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1 TRUE COPY OF THIS CERTIFICATE DATED 15-4-1993 AND ITS ENGLISH TRANSLATION.

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P2 TRUE COPY OF THIS COMPLAINT DATED 31-3-2015 AND ITS ENGLISH TRANSLATION.

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P3 THE TRUE COPY OF THIS COMPLAINT BEFORE THE TALUK OFFICER DATED 15-1-2009 AND TRUE ENGLISH TRANSLATION.

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P4 TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE CHIEF MINISTER ON 30-05-2015 AND ITS ENGLISH TRANSLATION.

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P5 THE TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE DEVIKULAM TAHSILDAR DATED 17-12-2014 AND ITS TRUE ENGLISH TRANSLATION.

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P6 TRUE COPY OF THE COMPLAINT RECEIPT SUBMITTED BEFORE THE CHIEF MINISTER DATED 17-4-2015 AND ITS ENGLISH TRANSLATION.

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P7 THE TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE REVENUE DIVISIONAL OFFICER DATED 8-11-2015 AND ITS TRUE ENGLISH TRANSLATION.

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P8 TRUE COPY OF THE COMPLAINT RECEIPT BEFORE THE HONOURABLE CHIEF MINISTER DATED 14-04-2015 AND ITS ENGLISH TRANSLATION.

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P9 THE TRUE COPY OF THE COMPLAINT DATED 18-12-2014 AND ITS ENGLISH TRANSLATION.

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P10 THE TRUE COPY OF THIS COMPLAINT SUBMITTED TO DISTRICT COLLECTOR DATED 10-7-2014 AND ITS ENGLISH TRANSLATION.

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P11 THE NEWS ITEM PUBLISHED IN MALAYALAMANORAMA DAILY ON 11TH JULY 2016. P12 THE NEWS ITEM DATED 12^TH , 13^TH , 14^TH , 15^TH 16^TH AND 17^TH JULY 2016. P13 THE NEWS ITEM PUBLISHED IN MATHRUBHUMI MALAYALAM DAILY DATED 12^TH JULY 2016.

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P14 THE NEWS ITEM DESCRIBING THE 12 YEARS DELAY IN RESPONDING TO THE GOVERNMEMNT ORDER PUBLISHED IN MANGALAM MALAYALAM DAILY DATED 16^TH JULY 2016

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RESPONDENT(S)' EXHIBITS

NIL

/TRUE COPY/

P.A. TO JUDGE

sou.

Mohan M. Shantanagoudar, Ag. C.J. & K.T. Sankaran, J.

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W.P.(C) No. 18970 of 2016

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- - - - Dated this the 29^th day of August, 2016

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JUDGMENT

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Mohan M. Shantanagoudar, Ag.C.J.

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The first petitioner is a public spirited Forum and other petitioners are public spirited people who work for consumer rights, human rights and for upliftment of people to get services from the Government in accordance with law. The petitioners, having found that so many people have suffered due to maladministration of the Survey Department, have filed this public interest litigation for a direction to the respondents to rectify all the mistakes happened in the re-survey measurements as recorded in the revenue records of Idukki District within a stipulated period.

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The Government have filed counter affidavit on behalf of the 3^rd respondent narrating the difficulties faced by the Department in conducting fresh survey. It is brought to the notice of the Court by the 3^rd respondent that the State Government had passed an order stopping the survey work in the

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WPC 18970/16

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-:2:-

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year 2007 in view of the difficulties faced during the survey in the

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Idukki District.

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The averments made in the writ petition disclose that number of mistakes were committed by the Survey Department of Idukki District and consequently, the revenue records prepared based on such survey are not providing the correct picture of holding of properties by each of the land owners. Consequent upon the erroneous data found in the revenue records, petitioners 2 to 10 as well as other persons who own lands in Idukki District are not able to enjoy the properties peacefully. It is also pleaded that petitioners 2 to 10 face difficulty in dealing with economic matters, including availing of loan, purchase and sale of their properties etc., in order to meet the requirements arising in the regular life and those arising out of any unforeseen emergency situations.

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The sum and substance of the contention of the petitioners is that the survey conducted earlier by the Department was not in accordance with law, which has given rise to a number of litigations and even the authorities like bank are not willing to

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WPC 18970/16

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-:3:-

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help the needy people, though they own lands. Since problems

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have arisen out of the anomalies found in the survey records, number of representations have been filed by the petitioners as well as similar other land owners for measurement of their land once again and to make consequential changes in the data maintained in the revenue records.

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Though the writ petition is filed as a public interest litigation, practically, petitioners 2 to 10 have approached this Court narrating their individual cases, for reliefs in their favour. Be that as it may, since a public spirited organization is also arrayed as one of the petitioners (1^st petitioner), we treat this writ petition as a public interest litigation and pass an order herein.

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It is borne out from the records that the respondents also admit the fact that mistakes have crept in while surveying the land and such mistakes need to be rectified. In that regard, it seems that the Survey Department was directed to conduct resurvey of the lands in Idukki District. Idukki District is one of the largest districts in the State which has an area of approximately 4,366 square kilometers i.e. almost 436676

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WPC 18970/16

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hectares. The terrain of Idukki District is one of the most difficult terrains to be surveyed in the Kerala State. It has forest area, hilly tracts, streams and rivers, dams etc. A large area of Idukki District is even now not motorable. Wild life is also existing in the area which interfere with the regular survey work.

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Because of erroneous surveys, disputes have emerged continuously; fraudulent and forged land records, forged pattayams, title deeds etc also seems to have been created. The disputes arisen based on forged documents cannot be resolved easily. Things have become further cumbersome due to lack of clarity in survey records, non-availability of survey records, differences in survey numbers, non-availability of survey sketches etc. Despite all such difficulties faced by the Department, according to the Department, it has already completed the re-survey in 39 villages and the survey records are handed over to the revenue authorities. However, the Government directed the Survey Department to stop the re-survey work in Idukki District as per G.O. No.E3 2007/RD 35636/07 dated 16.05.2007 due to lack of accurate records and

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WPC 18970/16

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due to the allegation that there were malpractice and emergence

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of umpteen number of forged documents.

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The work of re-survey cannot be stopped by the Government once and for ever. It is submitted that the re-survey work was stopped in the year 2007 and it is not yet re-started. Documents have to be rectified based on such re-survey. Till such rectification is made, peace will not exist in the locality. Based on the forged or fabricated documents, litigations cropped up and there is law and order problems in the Idukki District. In order to put an end to such confused state of affairs and to rectify the mistakes which have already occurred, it is just and proper for the Survey Department to restart the survey work from the point at which it was stopped. By the said process, no prejudice or injustice will be caused to anybody. It is needless to mention that the resurvey has to be conducted in accordance with law after due notice to all concerned. It is also needless to mention that necessary parties will have to cooperate with the Survey Department/surveyors for conducting the survey of the respective lands. Unless there is co-operation

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WPC 18970/16

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from the litigants or owners of lands, survey cannot be conducted as per law.

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Be that as it may, the re-survey work has to be conducted and completed as early as possible to bring peace in the locality as well as to put an end to the confused state of affairs. Hence, we direct the respondents concerned to conduct the resurvey from the point at which it was stopped. In view of the above observations, the following orders are passed.

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a) Respondents 1 to 3 are directed to start re-survey of the lands in Idukki District from the stage at which it was stopped by virtue of G.O. No.E3 2007/RD 35636/07 dated 16.05.2007.

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b) Re-survey shall be conducted in accordance with law with due notice to all concerned. The land owners and other stake holders shall co-operate with the survey officials while taking measurements.

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c) The entire process of re-survey, in so far as the Idukki District is concerned, shall be completed as early as possible but not later than an outer limit of one year from today .

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The writ petition stands disposed of accordingly.

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WPC 18970/16

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In view of the disposal of the writ petition on merits, no

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orders are necessary to be passed on the pending interlocutory

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application.

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Sd/-

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Mohan M. Shantanagoudar, Acting Chief Justice.

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Sd/-

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K.T. Sankaran, Judge.

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ttb/29/08

District Consumers Vigilance Forum v. Kerala State

Case brief

What is this about?

What did the court decide?

District Consumers Vigilance Forum v. Kerala State

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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