Court noted the petitioner's request to correct anomalies in re-survey records is contingent on work resumption but cannot be postponed indefinitely. Directed 4th respondent to complete the process within three months after notice.
Directed Fourth Respondent to complete the correction process within three months after notice to the petitioner.
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 A.MUHAMED MUSTAQUE
WEDNESDAY, THE 11TH DAY OF MARCH 2020 / 21ST PHALGUNA, 1941
WP(C).No.3896 OF 2020(J)
PETITIONER:
G.SATHEESH KUMAR, AGED 46 YEARS, S/O.LATE JANARDHANA KURUP, PERUMPALATHU PADINJATTATHIL VEEDU, NJARAKKAD, THALAVOOR P.O., KOLLAM.
BY ADV. SRI.B.MOHANLAL
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL LINES, CUTCHERY P.O., KOLLAM -691 013.
BY ADV. SRI.M.R. DHANIL,GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.3896 OF 2020
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JUDGMENT
Dated this the 11th day of March 2020
The petitioner's request for correcting anomalies in
the re-survey records in respect of 52.606 Ares in Thalavoor Village has been considered pursuant to the direction of this Court in W.P.(C)No.24575/2019. On consideration, the petitioner's request was postponed for the reason that the re-survey work has been stopped and it can be considered only on resumption of the re-survey work.
WP(C).No.3896 OF 2020
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completed within a period of three months after notice to the petitioner. Needful shall be done by the 4th respondent-
Assistant Director, Re-Survey, Kollam.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE JUDGE
akv/ 11.3.2020
WP(C).No.3896 OF 2020
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE SALE DEED NO.3599/1983 OF PATHANAPURAM SUB REGISTRY. EXHIBIT P2 THE TRUE COPY OF THE SALE DEED NO.561/1983 OF PATHANAPURAM SUB REGISTRY. EXHIBIT P3 THE TRUE COPY OF THE SALE DEED NO.553/1982 OF PATHANAPURAM SUB REGISTRY. EXHIBIT P3(A) TRUE COPY OF THE RELINQUISHMENT DEED NO.4124/1986 OF PATHANAPURAM SUB REGISTRY OFFICE. EXHIBIT P4 THE TRUE COPY OF THE DEATH CERTIFICATE OF THE PETITIONER'S FATHER OBTAINED FROM THALAVOOR GRAMA PANCHAYATH. EXHIBIT P5 THE TRUE COPY OF THE APPLICATION DATED 07/11/2016 SUBMITTED BY THE PETITIONER'S MOTHER SMT. J. SANTHAMMA BEFORE THE 6TH RESPONDENT. EXHIBIT P6 THE TRUE COPY OF THE APPLICATION DATED 22/09/2017 FILED BY THE PETITIONER BEFORE THE 6TH RESPONDENT UNDER RIGHT TO INFORMATION ACT. EXHIBIT P7 THE TRUE COPY OF THE APPEAL DATED 24/10/2017 FILED BY THE PETITIONER ALONG WITH THE LEGAL HEIRS OF SRI. GANGADHARA KURUP BEFORE THE 2ND RESPONDENT. EXHIBIT P8 THE TRUE COPY OF THE NOTICE DATED 21/02/2018 ISSUED BY THE 6TH RESPONDENT. EXHIBIT P9 THE TRUE COPY OF THE COMMUNICATION NO. B3/643/2017 DATED 21/03/2018 ISSUED BY THE 6TH RESPONDENT. EXHIBIT P10 THE TRUE COPY OF THE NOTICE NO.D4/2513/17 DATED 13/04/2018 ISSUED BY THE 4TH RESPONDENT.
WP(C).No.3896 OF 2020
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| EXHIBIT P11 | THE TRUE COPY OF 07/05/2018 SUBMIT ALONG WITH THE SI BEFORE THE 4TH RE |
THE APPLICATION DATED TED BY THE PETITIONER BLINGS AND HIS MOTHER SPONDENT. |
|---|---|---|
| EXHIBIT P12 | THE TRUE COPY OF DATED 25/06/2019 RESPONDENT. |
THE ORDER NO.B3-643/17 ISSUED BY THE 6TH |
| EXHIBIT P13 | THE TRUE COPY OF PATTAYAM REGISTER PETITIONER FROM T |
THE RELEVANT PAGES OF THE OBTAINED BY THE HE 5TH RESPONDENT. |
| EXHIBIT P14 | THE TRUE COPY OF 11/06/2019 FOR TH THE VILLAGE OFFIC |
THE TAX RECEIPT DATED E YEAR 2019-2020 ISSUED BY ER, THALAVOOR VILLAGE. |
| EXHIBIT P15 | THE TRUE COPY OF DATED 09/08/2019 RESPONDENT UNDER TO THE PETITIONER |
THE REPLY NO.B2/618/18 ISSUED BY THE 6TH RIGHT TO INFORMATION ACT . |
| EXHIBIT P16 | THE TRUE COPY OF 14/11/2019 IN WPC HON'BLE COURT. |
THE JUDGMENT DATED NO.24575/2019 OF THIS |
| EXHIBIT P17 | THE TRUE COPY OF THE PETITIONER BE AND ITS ACKNOWLED |
THE APPLICATION FILED BY FORE THE 4TH RESPONDENT GEMENT. |
| EXHIBIT P18 | THE TRUE COPY OF DATED 27/01/2020 RESPONDENT. |
THE ORDER NO.D4-2513/17 ISSUED BY THE 4TH |
RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
1 issue framed by the court
Whether petitioner's request for correcting anomalies in re-survey records can be considered given the stoppage of work?
Colour shows how this judgement treated each authority
W.P.(C)No.24575/2019Referred¶24
G.SATHEESH KUMAR
STATE OF KERALA
THE DISTRICT COLLECTOR, KOLLAM
THE DEPUTY DIRECTOR, RE-SURVEY, KOLLAM
THE ASSISTANT DIRECTOR, RE-SURVEY, KOLLAM
THE VILLAGE OFFICER, THALAVOOR
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
