Allowed

Dhanabalan v. State of Kerala

Kerala HC23 Jun 2017WP(C)/7083/2017

Case brief

AI extract

What is this about?

The court entertained a writ petition where the respondent authorities refused to correct the survey number in a patta, citing pending re-survey. The court held that pending re-survey is not an impediment and directed the correction of records based on old survey data within one month.

What did the court decide?

Writ petition allowed; Ext.P14 quashed; respondents directed to identify property and correct the survey number in the patta within one month.

Dhanabalan Vs State of Kerala — Land Acquisition | Kerala HC (2017)

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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 P.B.SURESH KUMAR

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FRIDAY, THE 23RD DAY OF JUNE 2017/2ND ASHADHA, 1939

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WP(C).No. 7083 of 2017 (I)

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PETITIONER:

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DHANABALAN, AGED 62 YEARS, S/O. V.S.PAUL, MANOHARA MANDIRAM, CHENGARA, KUMALI VILLAGE, IDUKKI DISTRICT. BY ADVS.SRI.A.X.VARGHESE SRI.A.V.JOJO SRI.K.PREM SANKAR SMT.V.P.LACTISHA

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RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2. THE DISTRICT COLLECTOR, IDUKKI, PIN - 685602.

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3. THE DISTRICT SURVEYOR, IDUKKI-685602.

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4. THE TAHSILDAR, PEERUMEDU TALUK OFFICE, PEERMADE, IDUKKI-685531.

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5. THE TALUK SURVEYOR, TALUK OFFICE, PEERMADE, IDUKKI-685531.

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6. THE VILLAGE OFFICER, VILLAGE OFFICE, KUMALI-685509. BY SPL GOVERNMENT PLEADER SRI K.J.MOHAMED ANZAR

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-06-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.V.

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WP(C).No. 7083 of 2017 (I)

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APPENDIX

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PETITI ------	ONER(S) -------	' EXHIBITS ----------
P1	TRUE	COPY OF THE	PATTA DATED 23/01/1970
P1(A)	TRUE	COPY OF THE	PLAN
P2	TRUE	COPY OF THE	LAND TAX RECEIPT DATED 07/02/1986
P3	TRUE W.P(C	COPY OF THE ) 34178/2010	JUDGMENT DATED 12/11/2010 IN
P4	TRUE	COPY OF THE	JUDGMENT DATED 22/02/2010 IN R.S.A 1390/2004
P5	TRUE	COPY OF THE	LETTER DATED 19/01/2010
P6	TRUE	COPY OF THE	JUDGMENT DATED 22/08/2011 IN W.P(C)5391/2011
P7	TRUE MINIS	COPY OF THE TER'S JANA S	COMPLAINT PREFERRED BEFORE THE CHIEF AMBARKA PARIPADI
P8	TRUE DATED	COPY OF THE 30/09/2015	INFORMATION OBTAINED UNEDER THE R.I ACT
P9	TRUE	COPY OF THE	INFORMATION DATED 29/10/2015
P10	TRUE	COPY OF THE	REQUEST MADE BY THE PETITIONER ON 14/01/2015
P11	TRUE	COPY OF THE	REPLY DATED 13/02/2015 UNDER R.I ACT
P12	TRUE DATED	COPY OF THE 04/04/2015	APPELLATE ORDER UNDER R.I ACT
P13	TRUE C	OPY OF THE J	UDGMENT DATED 10/12/2015 IN W.P(C)34762/2015
P14	TRUE	COPY OF THE	COMMUNICATION DATED 20/09/2016
P15	TRUE CON.	COPY OF THE CASE (CIVIL)	JUDGMENT DATED 06/10/2016 IN 977/2016
RESPON ------	DENT(S) -------	' EXHIBITS ----------	NIL

/TRUE COPY/

P.S.TO JUDGE

K.V.

P.B.SURESH KUMAR, J.

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W.P.(C).No.7083 of 2017-I.

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Dated this the 23^rd day of June, 2017.

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J U D G M E N T

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The grandfather of the petitioner was assigned an item of property in accordance with the provisions under the Land Assignment Act. The case of the petitioner is that on the death of the assignee, the property devolved on the father of the petitioner and on his death, the property devolved on the petitioner. The petitioner preferred an application for demarcating the boundaries of the property covered by Ext.P1 patta issued to his grandfather. When the property was identified pursuant to the request made by the petitioner, it is revealed that the survey number mentioned in the patta is not correct. The petitioner, therefore, requested the authorities to correct the survey number. Since there was no action, the petitioner approached this Court and this Court disposed of the writ petition filed by the petitioner in this connection as per Ext.P13 judgment directing that if there is no impediment,

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W.P.(C).No.7083/2017-I.

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appropriate action should be taken to correct the survey number shown in the patta after further enquiry in the matter. It is also directed that the needful should be done within a period of three months from the date of receipt of a copy of the judgment. Pursuant to Ext.P13 judgment, Ext.P14 communication has been issued to the petitioner. In Ext.P14, it is stated that re-survey in the Peerumedu Taluk has not been completed and therefore the patta cannot be corrected. Ext.P14 is under challenge in this writ petition.

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Heard the learned counsel for the petitioner as also the learned Government Pleader.

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As noted above, the reason stated for not complying with the directions issued by this Court in Ext.P13 judgment is that the re-survey in the Peerumedu Taluk has not been completed. The non-completion of re-survey in the Village concerned shall not be an impediment for correcting the survey number of the property covered by the patta issued to the grandfather of the petitioner. In the said view of the matter, the writ petition is allowed, Ext.P14 is quashed and the respondents are directed to identify the property with reference to the old

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W.P.(C).No.7083/2017-I.

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survey records and correct the survey number shown in the patta, accordingly. This shall be done within one month from the date of receipt of a copy of this judgment.

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Sd/- P.B.SURESH KUMAR, JUDGE.

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Kvs/-

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// true copy //

Dhanabalan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Dhanabalan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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