Disposed

Jessy Roy, v. the District Collector

Kerala HC15 Oct 2020WP(C)/16598/2020

Case brief

AI extract

What is this about?

Petitioner sought writ directions for resurvey of her property after survey numbers in revenue records differed from the BTR. Court directed her to file a correction application with the Tahsildar within two weeks for rectification and then pursue the resurvey application.

What did the court decide?

Direction to petitioner to file correction application with Tahsildar within two weeks; Tahsildar to decide within four weeks if error corrected.

Jessy Roy, Vs the District Collector — Property and Title | Kerala HC (2020)

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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 RAJA VIJAYARAGHAVAN V

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THURSDAY, THE 15TH DAY OF OCTOBER 2020 / 23RD ASWINA, 1942

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WP(C).No.16598 OF 2020(Y)

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PETITIONER(S):

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JESSY ROY, AGED 42 YEARS,

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W/O.LATE ROY GEORGE, PUTHANPURAKKAN HOUSE, ADIMALI KARA, MANNAMKANDAM VILLAGE, DEVIKULAM THALUK, IDUKKI DISTRICT.

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BY ADVS.

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SRI.K.N.ABHILASH SRI.SUNIL NAIR PALAKKAT SRI.M.A.AHAMMAD SAHEER SRI.P.B.MUHAMMED AJEESH

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RESPONDENT(S) :

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1 THE DISTRICT COLLECTOR IDUKKI DISTRICT, COLLECTORATE, IDUKKI, PIN-680 003.

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2 THE THAHASILDAR, DEVIKULAM THALUK, IDUKKI DISTRICT, PIN-685 613.

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3 THE THAHASILDAR(LR), DEVIKULAM THALUK, IDUKKI DISTRICT, PIN-685 613.

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4 THE VILLAGE OFFICER, MANNAMKANDAM VILLAGE, DEVIKULAM THALUK, IDUKKI DISTRICT-685 561.

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SRI BIMAL K NATH, SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.16598 OF 2020

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JUDGMENT

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The petitioner claims that she is the co-owner of certain items of property situated in Kottakkambur Village which was acquired by her under the cover of Exhibits-P2 to P5 Deeds. Her grievance is that property made mention of above was not included in the resurvey proceedings initiated by the respondents. In the said circumstances, Exhibit-P1 application was filed seeking a direction to conduct the ReSurvey by including her property as well. When no action was taken she has approached this Court seeking directions.

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On instructions, the learned Government Pleader has submitted that there are differences in the Survey Number made mention of in the revenue records and the BTR. It is for the petitioner to approach the Tahsildar concerned to rectify the error in Survey Number and after carrying out the correction as per the records, the property can be resurveyed.

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Faced with the said submission, Sri.K.N.Abhilash, the learned counsel appearing for the petitioner submitted that the petitioner shall approach the Tahsildar concerned and initiate steps to rectify the error which has crept in. He sought for issuance of

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WP(C).No.16598 OF 2020

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appropriate directions.

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Having regard to the submissions, this Petition is disposed of directing the petitioner to approach the concerned Tahsildar and file appropriate application to correct the error that has crept in the revenue records. If an application is filed within 2 weeks from today, the Tahsildar concerned shall take a decision on the same within a further period of four weeks. The petitioner shall produce the relevant records before the Tahsildar to complete the said exercise. If the correction is effected, the petitioner may pursue Exhibit P1 application which shall be considered and appropriate orders shall be passed expeditiously.

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This writ petition is disposed of.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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DSV

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WP(C).No.16598 OF 2020

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APPENDIX

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PETITIONER(S) EXHIBITS:

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EXHIBIT P1 THE TRUE COPY OF THE APPLICATION DATED 04.10.2019 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXHIBIT P2 THE TRUE COPY OF THE TITLE DEED NO.1642/92 DATED 30.07.1992 OF THE SRO DEVIKULAM, IDUKKI. EXHIBIT P3 THE TRUE COPY OF THE TITLE DEED NO.1640/92 DATED 30.07.1992 OF THE SRO DEVIKULAM, IDUKKI. EXHIBIT P4 THE TRUE COPY OF THE TITLE DEED NO.1643/92 DATED 30.07.1992 OF THE SRO DEVIKULAM, IDUKKI. EXHIBIT P5 THE TRUE COPY OF THE TITLE DEED NO.1641/92 DATED 30.07.1992 OF SRO DEVIKULAM, IDUKKI. EXHIBIT P6 THE TRUE COPY OF THE AGREEMENT DATED 04.08.2020 EXECUTED BETWEEN THE PETITIONER'S SISTER IN LAW SMT.ALLI AND ONE MR.JAISON AND OTHERS. EXHIBIT P7 THE TRUE COPY OF THE AGREEMENT DATED 04.08.2020 EXECUTED BETWEEN THE PETITIONER AND ONE MR.JAISON AND OTHERS.

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RESPONDENT(S) EXHIBITS: NIL

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/TRUE COPY/

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P.A. TO JUDGE

Jessy Roy, v. the District Collector

Case brief

What is this about?

What did the court decide?

Jessy Roy, v. the District Collector

Case brief

What is this about?

What did the court decide?

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