IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI TUESDAY, THE 28^TH DAY OF JANUARY 2025 / 8TH MAGHA, 1946 WP(C) NO. 44652 OF 2024 PETITIONER:

MURALIDHARAN NAIR AGED 65 YEARS S/O RAJAMMA, THEKKEPANAVILAKATHU VEEDU, MARUTHATHOOR, CHAIKOTTUKONAM P.O, NEYYATTINKARA VILLAGE, THIRUVANANTHAPURAM, PIN – 695122.

BY ADVS.

ARUN V.G. (K/795/2004)

V.JAYA RAGI R.HARIKRISHNAN (KAMBISSERIL)

NEERAJ NARAYAN A.S.SALMA RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001.

2 DISTRICT COLLECTOR

2ND FLOOR, COLLECTORATE, CIVIL STATION, 3 REVENUE DIVISIONAL OFFICER

1ST FLOOR, COLLECTORATE, CIVIL STATION, 4 TAHSILDAR TALUK OFFICE, NEYYATTINKARA, THIRUVANANTHAPURAM, PIN – 695121.

5 VILLAGE OFFICER NEYYATTINKARA VILLAGE, NEYYATTINKARA TALUK, SMT. DEEPA NARAYANAN. SR. GP.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.01.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

T.R. RAVI, J.

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W.P.(C) No.44652 of 2024 --------------------------------------------

Dated this the 28^th day of January, 2025

JUDGMENT

The petitioner had approached the respondents for correction of mistake in survey numbers which had occurred at the time of execution of the sale deed relating to properties that had devolved on the basis of a partition decree. The petitioner is the son of the first executant and the brother-in- law of the second executant. The properties devolved on the mother and sister of the petitioner. The sister of the petitioner died in a train accident. The mother died in 2019. The grievance of the petitioner is that the respondents are insisting that a rectification deed will have to be executed for making the necessary correction. The petitioner points out that no rectification deed can be executed since the original executants are no more and the petitioner cannot execute a document in his own favour in his capacity as the legal heir of his mother. The petitioner has preferred Ext.P5 representation before the 2^nd respondent pointing out these facts.

I find considerable force in the contention of the petitioner that a rectification deed cannot be executed. The stand taken by the respondents cannot be legally sustained. In the above circumstances, this writ petition is disposed of directing the 2^nd respondent to consider and pass orders on Ext.P5 after hearing the petitioner, without insisting on the execution of a rectification deed. The 2nd respondent may make necessary enquiries through the Tahsildar (LR) and ascertain whether the properties involved are in the possession of the petitioner and the genuineness of the claim regarding the mistake in the survey number. Necessary orders shall be issued within four months from the date of receipt of a copy of this judgment.

Sd/-

T.R.RAVI JUDGE mpm APPENDIX OF WP(C) 44652/2024 PETITIONER’S EXHIBITS Exhibit P1 A TRUE COPY OF THE DECREE ALONG WITH THE PLAN DATED 07.04.1994 IN O.S NO. 336 OF

1978 PASSED BY THE ADDITIONAL MUNSIFF COURT, NEYYATTINKARA.

Exhibit P2 A TRUE COPY OF THE JUDGMENT DATED

07.04.1994 IN O.S NO. 336 OF 1978 PASSED BY THE ADDITIONAL MUNSIFF COURT, NEYYATTINKARA.

Exhibit P3 A TRUE COPY OF THE SALE DEED BEARING NO.

336 OF 1978 DATED 16.02.1990 REGISTERED AT NEYYATTINKARA SUB REGISTRY.

Exhibit P4 A TRUE COPY OF THE LETTER DATED

27.11.2024 BEARING NO. K6-14513/23 ISSUED BY THE TAHASILDAR ( LR) TO THE PETITIONER.

Exhibit P5 A TRUE COPY OF THE REPRESENTATION DATED

28.11.2024 FILED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR THIRUVANANTHAPURAM.

Exhibit P6 A TRUE COPY OF THE POSTAL RECEIPT DATED

28.11.2024 ISSUED BY THE POSTAL DEPARTMENT.