A litigant must provide valid documentation to substantiate ownership claims, and suppression of material facts disqualifies them from receiving court relief.

COMMON JUDGMENT

Muralee Krishna, J.

The petitioner in these writ petitions is claiming joint possession and ownership over an extent of 3.70 Acres of land covered in various survey numbers of Chinnakanal Village of Devikulam Taluk in Idukki district. He filed W.P.(C)No.28295 of 2021 seeking a writ certiorari to quash Ext.P10 proceedings dated 23.11.2018 of the 2^nd respondent Tahsildar, Udumbanchola Taluk, whereby the application for fixation of boundary filed by the petitioner was closed stating that re-survey and fixation of boundary were not possible since the petitioner could not point out the boundaries of the property and was not able to produce necessary documents and also seeking a writ of mandamus commanding the 2^nd respondent Tahsildar, Udumbanchola and the 4^th respondent Taluk Surveyor, Udumbanchola, to demarcate the boundaries of the property covered in Ext.P1 maintenance settlement deed. He filed W.P.(C) No.15179 of 2024 seeking a writ of mandamus commanding respondents 3 and 4, District Collector, Idukki, and Village Officer, Chinnakanal, respectively, to permit him to remit land tax in respect of 1.64 acres in survey No.139 of Chinnakanal, Village, claiming it as the portion of aforesaid 3.70 Acres.

2. Going by the averments in the writ petitions, the petitioner is a permanent resident of Theni District of Tamil Nadu State. He is one of the legal heirs of his deceased father Mohamed Jakkariya, who along with one Mohamed Shereef owned 3.70 Acres of land in Chinnakanal Village of Devikulam Taluk in Munnar, in different survey numbers. His father Mohamed Jakkariya and Mohamed Shereef obtained the property from the legal heirs of one Khader Bava Rawther who had obtained the same as per sale deed No.472 of 1118 and settlement deed No.23 of 1953 of SRO Devikulam. The petitioner and other co-owners obtained the property on the death of Mohamed Jakkariya and Mohamed Shereef. The petitioner being a native of the Theni district of Tamil Nadu State occasionally visits the property and pays basic tax as well as agricultural labourers welfare fund. But due to some personal inconvenience he could not remit the tax for some period. After the death of his predecessors the petitioner approached the Tahsildar Udumbanchola Taluk for settling the properties in the name of the petitioner and other co-owners with an application for measuring the above properties. The Taluk Surveyor directed the Village Officer, Chinnakanal Village to furnish a detailed report with a revenue list in respect of the properties in question. The Village Officer submitted a report dated 14.12.2017 stating that he could not ascertain the boundaries of properties. Though the petitioner approached the Revenue Authorities including the District Collector, the Taluk Surveyor did not measure the property based upon the survey records. The petitioner then approached this Court by filing W.P.(C)No.20413 of 2018 and as per the judgment dated 28.06.2018, this Court directed the Taluk surveyor to finalise action for the survey of the property pursuant to the application submitted by the petitioner, preferably within a period of four months from the date of production of the certified copy of that judgment. However, as per proceedings dated 23.11.2018, the 2^nd respondent Tahsildar closed the file stating that since the petitioner failed to produce documents showing his relation with the previous title holders as well as failed to show the boundaries of properties, it could not be measured. Thereafter, the Tahsildar, Udumbanchola by a letter dated 02.12.2015 directed the petitioner to furnish Form-10 application for demarcation of the properties. Though h