Disposed

M.C.Abraham v. State of Kerala

Kerala HC21 Dec 2018WP(C)/41928/2018

Case brief

AI extract

What is this about?

Single judge held that the writ petition should be disposed of by directing the petitioner to file a revision petition under Section 13-A of the Kerala Survey and Boundaries Act before the District Collector. Ext.P14 was quashed, and the Collector was directed to conduct a fair survey by different officials.

What did the court decide?

Quashed Ext.P14; directed petitioner to file revision under S.13-A K.S.B.A.; directed District Collector to decide the revision conduct fresh survey by different officials.

M.C.Abraham Vs State of Kerala — Land Acquisition | Kerala HC (2018)

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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 ALEXANDER THOMAS

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FRIDAY, THE 21ST DAY OF DECEMBER 2018 / 30TH AGRAHAYANA, 1940

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WP(C).No. 41928 of 2018

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PETITIONER/S:

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M.C.ABRAHAM, MUPPATHIL VEEDUE, NIRAMAM VADAKKUM BHAGAM P.O., THIRUVALLA, PATHANAMTHITTA.

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BY ADVS.

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SRI.A.N.RAJAN BABU SRI.A.R.EASWAR LAL SRI.P.GOPALAKRISHNAN (MVA)

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RESPONDENT/S:

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1 STATE OF KERALA

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REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2 THE LAND REVENUE COMMISSIONER KERALA, PUBLIC OFFICE BUILDING, MUSEUM ROAD, THIRUVANANTHAPURAM - 695 003.

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3 THE DISTRICT COLLECTOR, PATHANAMTHITTA - 689 645.

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4 THE TAHSILDAR (LAND RECORDS) TALUK OFFICE, THIRUVALLA, PATHANAMTHITTA - 689 645.

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5 THE TAHSILDAR

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TALUK OFFICE, REVENUE TOWER, THIRUVALLA - 689 101.

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6 THE TALUK SURVEYOR THIRUVALLA, PATHANAMTHITTA - 689 645.

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7 THE VILLAGE OFFICER VILLAGE OFFICE, NIRANAM - 689 621.

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8 NIRANAM PANCHAYAT REPRESENTED BY ITS SECRETARY, NIRNAM P.O., THIRUVALLA - 689 101.

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OTHER PRESENT:

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SMT.A.C.VIDHYA,GOVT.PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ALEXANDER THOMAS, J.

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W.P.(C)No.41928 of 2018

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Dated this the 21^st day of December, 2018

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J U D G M E N T

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The prayers in the above Writ Petition (Civil) are as follows.

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i. To call for the records leading up to Ext.P11, P12 and P14.

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ii. To issue a writ of certiorari or any other appropriate writ, order or direction quashing Ext.P11, P12 and P14.

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iii. To issue a writ of certiorari or any other appropriate writ, order or direction directing the Respondents to consider Ext.P4, P10, P13, P13(a) and P13(b) afresh declaring that the petitioner's 23 cents of land in Resurvey No.318/2, 11, 12, 13 of Niranam Village is wrongly excluded from his registered holdings of petitioner and wrongly shown as River Puramboke in Resurvey.

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iv. To issue a writ of mandamus or any other writ, direction or orders directing the respondents to restore 23 cents of land excluded from the registered holding of petitioner in Resurvey.

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v. To grant such other relief as this Hon'ble Court deems fit to grant in the facts and circumstances of the case. "

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Heard Sri.A.N.Rajan Babu, learned counsel appearing

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for the petitioner and Smt.A.C.Vidhya, learned Government Pleader appearing for the official respondents 1 to 7. In the nature of the orders proposed to be passed in this Writ Petition, notice to respondent No.8 will stand dispensed with.

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The petitioner and his 3 brothers were the registered

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W.P.(C).No.41928/2018

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land holders and owners of 1.13 Acres (45.30Ares) of land in Resurvey No.318/2, 11, 12, 13 of Niranam Village, Thiruvalla Taluk, Pathanamthitta Revenue District. The said extent of 1.13 Acres of land was originally owned and possessed by the petitioner's father late Varghese Cherian and this land was then comprised in Sy.No. 107/13A, 107/13B, 107/8A, 107/8C, 107/18A, 107/19 in Niranam Village. It is pointed out that 1.13 Acres of land in Re.Sy.No.318/2, 11, 12, 13 of Niranam Village, originally belonged to petitioner's father late Varghese Cherian.

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The petitioner and his 3 brothers had obtained the said landed property on the basis of Ext.P-2 registered will dated 7.2.1989 executed by the petitioner's father. After the death of the father the petitioner and his brothers had made mutation and the land was in ownership and possession of the petitioner and this brothers. Ext.P3, Exts.P-3(a) to P-3(c) are the series of land tax receipts issued respectively to the brothers of the petitioner and the petitioner in respect of their respective shares in the abovesaid property. The complaint of the petitioner is that serious mistakes had occurred in the resurvey process thereby the total extent of the abovesaid land

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W.P.(C).No.41928/2018

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comprised of 1.13 Acres have now been reduced to 90 cents, thereby excluding 23 cents from the petitioner's land which is now shown as puramboke land in the resurvey records. The grievance of the petitioner is that the said 23 cents have been excluded from the registered land holding in the resurvey process by serious mistakes committed by the officials concerned and that it is thus wrongly shown as puramboke. Though the petitioner had filed petitions as per Exts.P-4, P-10 & P-13 to rectify the said mistakes in the resurvey, the same has been rejected as per Exts.P-11 dated 7.8.2017 & P-12 dated 28.12.2017 both issued by the respondent Tahsildar concerned. It is in the light of these factual averments that the petitioner has filed the instant writ petition with the aforementioned prayers.

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Sri.A.N.Rajan Babu, learned counsel appearing for the petitioner has made elaborate submissions on the merits of the matter and would point out that the mistakes in the resurvey process are glaring from a mere reading of Exts.P-6 to P-9 reports. After having heard Sri.A.N.Rajan Babu, learned counsel appearing for the petitioner and Smt.A.C.Vidhya, learned Government Pleader appearing for the official respondents, this Court is of the considered

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W.P.(C).No.41928/2018

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view that the impugned orders issued by the respondent Tahsildar as per Exts.P-11 & P-12 could be challenged by the petitioner by setting in motion appropriate revisional proceedings before the 3^rd respondent District Collector in terms of Section 13-A of the Kerala Survey and Boundaries Act, 1961. It is pointed out by Sri.A.N.Rajan Babu, learned counsel appearing for the petitioner that after the issuance of impugned Exts.P-11 & P-12 proceedings, the petitioner has submitted Ext.P-13(b) petition dated 10.1.2018 before the 3^rd District Collector and that this Court may order that the said petition may be treated as a statutory revision petition under Section 13-A.

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Having regard to the nature of the issues raised by the petitioner, this Court is of the view that it is only right and proper if the petitioner makes a comprehensive petition styled as a revision detailing out his grievances and grounds so as to effectively challenge the correctness of the impugned Exts.P-11 & P-12 proceedings as well as the correctness of the resurvey process which resulted in the reduction of the land etc. The petitioner may file a proper revision petition before the 3^rd respondent District Collector, within 2 weeks

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W.P.(C).No.41928/2018

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from the date notified for receiving the certified copy of this judgment. If such a revision petition is so filed, the 3^rd respondent will conduct appropriate enquiries to conduct survey and measurement of the property concerned through a competent surveyor with due prior notice to the petitioner to ascertain the correctness or otherwise the submission of the petitioner regarding the alleged mistakes in the resurvey process which led to the reduction of the land and thereafter the petitioner should be granted a reasonable opportunity of being heard and the 3^rd respondent District Collector may then pass final orders in the said revision proceedings without much delay.

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In the abovesaid process it is should be ensured that none of the survey officials who have conducted the survey and measurement process which led to the impugned Exts.P-11 & P-12 proceedings should be assigned with such responsibility of survey and measurement and it is open to the 3^rd respondent District Collector to ensure that the service of a competent surveyor is obtained either from the office of the District Survey Superintendent or elsewhere so that fairness is ensured in the survey and

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W.P.(C).No.41928/2018

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measurement process. The surveyor will give prior notice to the petitioner and after conducting survey and measurement will give a comprehensive report with this findings as to whether the resurvey process is vitiated by any mistakes and as to how the reduction of the land by 23 cents has occurred, etc. and the survey sketch should also be furnished by him. Copy of the report of the surveyor and copy of survey sketch should also be given to the petitioner in advance and thereafter the written submission of the petitioner in the matter may be duly considered by the 3^rd respondent after which the said officer will pass final orders in the revision petition.

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Sri.A.N.Rajan Babu, learned counsel appearing for the petitioner raise an apprehension that since the first respondent State Government has issued Ext.P-14 letter dated 17.7.2018, the said aspect may hamper the fair and independent decision making process by the 3^rd respondent District Collector in the revision proceedings. From a reading of the impugned Ext.P-14 proceedings it is seen that the 1^st respondent has understood as if the request of the petitioner is for assignment of a puramboke land whereas as a matter of fact the very case of the petitioner that serious mistakes have happened in

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W.P.(C).No.41928/2018

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the resurvey process and that the action of the resurvey officials in describing the petitioner's private property as puramboke land is wrong etc. In that view of the matter it is ordered that Ext.P-14 will stand quashed as the same is vitiated by taking into account irrelevant considerations.

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Accordingly it is ordered that the 3^rd respondent District Collector will independently and fairly take a decision in the abovesaid revisional proceedings within the abovesaid time limit.

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With these observations and directions, the above Writ Petition (Civil) will stand finally disposed of.

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Sd/-

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ALEXANDER THOMAS, JUDGE

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MMG

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W.P.(C).No.41928/2018

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE RECEIPT FOR REMITTANCE OF LAND TAX DATED 15/12/1991.
EXHIBIT P2	TRUE COPY OF THE WILL DATED 7/2/1989.
EXHIBIT P3	TRUE COPY OF THE RECEIPT FOR PAYMENT OF LAND TAX DATED 2/5/2014.
EXHIBIT P3 A	TRUE COPY OF THE RECEIPTS ISSUED TO CHACKO FOR REMITTING LAND TAX ON 2/5/2014.
EXHIBIT P3 B	TRUE COPY OF THE LAND TAX RECEIPT DATED 2/5/2014 IN THE NAME OF CHERIYAN.
EXHIBIT P3 C	TRUE COPY OF THE LAND TAX RECEIPT DATED 2/5/2014.
EXHIBIT P4	TRUE COPY OF THE PETITION DATED 1/12/2014 SUBMITTED BY THE PETITIONER TO THE ADALATH OF HON'BLE MINISTER FOR REVENUE.
EXHIBIT P5	TRUE COPY OF THE G.O.(MS) NO.200/10 REVENUE DATED 31/5/2010 ISSUED BY GOVERNMENT OF KERALA REVENUE DEPARTMENT.
EXHIBIT P6	TRUE COPY OF THE REPORT NO.01/15 DATED 7/1/2015 FROM VILLAGE OFFICER, NIRANAM.
EXHIBIT P7	TRUE COPY OF THE LETTER NO.19/15 DATED 10/4/2015 TO THE OFFICE OF TAHSILDAR.
EXHIBIT P7 A	TRUE COPY OF THE RESURVEY LAND REPORT SENT ALONG WITH P7 REPORT.
EXHIBIT P8	TRUE COPY OF THE REPORT NO.B16/349/15
	DATED NIL OF SENIOR GRADE SURVEYOR (S.G.S.).

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W.P.(C).No.41928/2018

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EXHIBIT P9 TRUE COPY OF THE RECORDS OF FILE NO.B1610432/2017 OF THE ADDITIONAL TAHSILDAR, THIRUVALLA AS PER APPLICATION UNDER RIGHT TO INFORMATION ACT. EXHIBIT P10 TRUE COPY OF THE COMPLAINT DATED 24/7/2017 TO THE DISTRICT COLLECTOR, PATHANAMTHITTA. EXHIBIT P10 A TRUE COPY OF THE REPORT IN EXT.P10 GIVEN TO TAHSILDAR (SURVEY), THIRUVALLA FOR FURTHER PROCEEDINGS. EXHIBIT P11 TRUE COPY OF THE LETTER NO.B6349/15/K.DIS.(PPA) 1/17/NRM TALUK OFFICE, THIRUVALLA DATED 7/8/2017. EXHIBIT P12 TRUE COPY OF THE LETTER DATED 28/12/2017. EXHIBIT P13 TRUE COPY OF THE REPRESENTATION DATED 10/1/2018 SENT TO HON'BLE CHIEF MINISTER. EXHIBIT P13 A TRUE COPY OF THE REPRESENTATION DATED 10.1.2018 SENT TO HON'BLE MINISTER FOR REVENUE. EXHIBIT P13 B TRUE COPY OF THE REPRESENTATION DATED 10/1/2018 SENT TO THE DISTRICT COLLECTOR, PATHANAMTHITTA. EXHIBIT P14 TRUE COPY OF THE ORDER NO.G810104516/10/2018/C.M.C.C. DATED 17/7/2018.

M.C.Abraham v. State of Kerala

Case brief

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M.C.Abraham v. State of Kerala

Case brief

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