Disposed

K.K.Raveendran v. Dist.Collector,Pathanamthitta & Ors.

Kerala HC30 Aug 2016WP(C)/35092/2009

Case brief

AI extract

What is this about?

The High Court of Kerala directed the District Collector to consider and dispose of a long-pending revision petition concerning the exclusion of a property from resurvey records within two months, after affording the petitioner an opportunity of being heard.

What did the court decide?

The 1st respondent is directed to consider and dispose the revision petition dated 6.10.2010 within two months after affording an opportunity of being heard to the petitioner.

K.K.Raveendran Vs Dist.Collector,Pathanamthitta & Ors. — 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 HONOURABLE MR.JUSTICE K.HARILAL

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TUESDAY, THE 30TH DAY OF AUGUST 2016/20168TH BHADRA, 1938

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WP(C).No. 35092 of 2009 (F)

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PETITIONER(S) :

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K.K.RAVEENDRAN,

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PULLELIMALY, KALLUMKAL P.O., NEDUMPURAM (V), THIRUVALLA TALUK.

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BY ADV. SRI.R.SANTHOSH BABU

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RESPONDENT(S) :

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1. THE DISTRICT COLLECTOR, PATHANAMTHITTA DISTRICT, PATHANAMTHITTA.

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2. THE SUPERINTENDENT OF SURVEY AND LAND RECORDS, PATHANAMTHITTA DISTRICT.

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3. THE VILLAGE OFFICER, NEDUMPURAM VILLAGE, THIRUVALLA TALUK.

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BY GOVERNMENT PLEADER SRI. JOBY JOSEPH

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd.

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WP(C).No. 35092 of 2009 (F)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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EXHIBIT P1: TRUE COPY OF DECREE IN O.S.NO. 259/1962 OF THE MUNSIFF'S COURT, THIRUVALLA DATED 31.10.1976.

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EXHIBIT P2: TRUE COPY OF SALE DEED NO. 1661/1118 ME OF SRO, THIRUVALLA.

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EXHIBIT P3: TRUE COPY OF WILL DEED NO. 56/1969 OF S.R.O, THIRUVALLA. EXHIBIT P4: TRUE COPY OF SETTLEMENT DEED NO. 1079/1986 OF S.R.O, THIRUVALLA.

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EXHIBIT P5: TRUE COPY OF TAX RECEIPT DATED 14.11.1990. EXHIBIT P6: TRUE COPY OF TAX RECEIPT DATED 21.10.2008.

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EXHIBIT P7: TRUE COPY OF SURVEY PLAN.

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EXHIBIT P8: TRUE COPY OF REPRESENTATION.

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EXHIBIT P8A: TRUE COPY OF ACKNOWLEDGEMENT OF RECEIPT.

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EXHIBIT P9: TRUE COPY OF REMINDER DATED 14.11.2009 TO 2ND RESPONDENT.

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RESPONDENT(S)' EXHIBITS :

NIL

//TRUE COPY//

P.A.TO JUDGE.

Msd.

K.HARILAL, J.

W.P.(C) No.35092 of 2009

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Dated this the 30^th day of August, 2016

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JUDGMENT

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The petitioner's father was in ownership and possession of a property comprised in Old Survey Nos.26/4-1 and 26/4-2 of Nedumpuram Village. After the death of the petitioner's father, even though the property was partitioned between himself and his sister, presently the property is in their joint ownership and possession. But, later on when re-survey had come into force, it was noticed that the said property is not included in the resurvey records and the property cannot be identified by re-survey number. As a result, the petitioner and his sister are unable to pay land tax in respect of the said property or otherwise deal with the above said property. Aggrieved by the exclusion of the said property from resurvey records the petitioner had preferred Ext.P8 application before the 2^nd respondent. But the 2^nd respondent had dismissed the said application by the order

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W.P.(C).35092/09 :2:

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dated 23.3.2010, against which the petitioner had preferred a revision before the 1^st respondent under Section 13(a) of the Kerala Survey and Boundaries Act, on 6.10.2010. But the same has not been considered or disposed of, despite the long lapse of time. This is the grievance highlighted in this writ petition. On the above premises, the petitioner has sought for a direction to the 1^st respondent to consider and dispose the revision dated 6.10.2010 filed by him.

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Heard the learned counsel for the petitioner.

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Having regard to the long pendency of the revision filed by the petitioner before the 1^st respondent, the 1^st respondent is directed to consider and dispose the said revision petition, dated 6.10.2010, within a period of two months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner.

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The writ petition is disposed of as above.

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Sd/K.HARILAL, Judge.

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okb

K.K.Raveendran v. Dist.Collector,Pathanamthitta & Ors.

Case brief

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K.K.Raveendran v. Dist.Collector,Pathanamthitta & Ors.

Case brief

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