Petitioner challenged stalling of revenue correction proceedings due to a neighbour's suit. Bench directed authorities to complete proceedings expeditiously within three months as no interim injunction existed.
Petitioner was granted direction to complete the revenue correction proceedings expeditiously within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
TUESDAY, THE 8TH DAY OF AUGUST 2017/17TH SRAVANA, 1939
WP(C).No. 10252 of 2017 (F)
PETITIONER:
ANNA MATHEW AGED 64 YEARS, D/O.T.T.MATHEW, THASIYIL HOUSE, KATTODE, MEETHALAKARA, MANCHADI P.O., KUTTAPUZHA VILLAGE, THIRUVALLA TALUK.
BY ADVS.SR.PRABHA R MEMON SRI.R.MANOJ SMT.S.MEERA
RESPONDENT(S):
1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF SURVEY AND REVENUE, STATE SECRETARIAT, THIRUVANANTHAPURAM.
2. THE REVENUE DIVISIONAL OFFICER., THIRUVALLA.
3. THE DISTRICT SURVEY SUPERINTENDENT PATHANAMTHITTA.
4. THE TALUK SURVEYOR, THIRUVALLA.
5. THE ADDITIONAL TAHSILDR.,THIRUVALLA.
6. JOSEPH MATHEW
7. SARAMMA W/O.JOSEPH MATHEW, ANJILIVELIYIL, KALATHOOR MALAYIL, MANCHADI P.O., KATTODE, MEETHALAKARA, KUTTAPUZHA VILLAGE, THIRUVALLA TALUK.
R1 TO R5 BY GOVERNMENT PLEADER SRI. SURIN GEORGE IYPE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-08-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sdr/-
WP(C).No. 10252 of 2017 (F)
APPENDIX
PETITIONER(S)' EXHIBITS
WP(C).No. 10252 of 2017 (F)
EXHIBIT P15 TRUE COPY OF THE WRITTEN STATEMENT IN O.S.474/2014 ON THE FILES OF THE MUNSIFF'S COURT, THIRUVALLA.
EXHIBIT P16 TRUE COPY OF THE WRITTEN STATEMENT OF RESPONDENT 3,4 & 5
RESPONDENT(S)' EXHIBITS
P.B.SURESH KUMAR, J.
=========================
W.P.(C.) No.10252 of 2017
Dated this the 8th day of August, 201 7
JUDGMENT
The father of the petitioner was holding an item of property having an extent of 10.32 ares. The father of the petitioner expired on 26.12.1998. After the demise of the father, his successors found that the extent of the property was reduced to 8.80 ares at the time of resurvey. The sister of the petitioner,
therefore, preferred a representation for correction of the resurvey records. On the said representation, though the land was directed to be re-surveyed by the Tahsildar concerned in terms of the orders dated 21.12.2013 and 13.01.2014, the same has not been given effect to by the authorities on the ground that one of the neighbours of the property has instituted a suit against the petitioner and others. According to the petitioner, there is no interim order interdicting completion of the proceedings initiated for correction of the revenue records and therefore, the same
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W.P.(C.) No. 10252/2017
cannot be a reason at all for stalling the proceedings already initiated for correction of the re-survey records. The petitioner, therefore, seeks appropriate directions in this regard, in the writ petition.
In the circumstances, the writ petition is disposed of directing the Tahsildar concerned to complete the proceedings initiated by him pursuant to the orders dated 21.12.2013 and 13.01.2014 expeditiously with notice to all concerned, within a period of three months from the date of receipt of a copy of this judgment.
Sd/-
SKS
P.B. SURESH KUMAR, JUDGE
//TRUE COPY//
P.A. TO JUDGE
2 issues framed by the court
Whether an institution of a suit by a neighbour constitutes a valid ground to stall revenue proceedings for correction of resurvey records when no interim order exists.
Whether the Tahsildar is directed to complete the correction proceedings within the specified time.
Anna Mathew
The State of Kerala Represented by the Secretary, Department of Survey and Revenue
Joseph Mathew
Saramma W/O.Joseph Mathew
P.B. Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
