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2018 Supreme(Online)(KER) 18582

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

TUESDAY ,THE 25TH DAY OF SEPTEMBER 2018 / 3RD ASWINA, 1940

WP(C).No. 31069 of 2018

PETITIONER/S:

POULY MATHEW

AGED 44 YEARS

W/O MATHEW, CHENGAMTHADATHIL HOUSE, POONJAR

KANDAM BHAGAM, MANNAMKANDAM VILLAGE, ADIMALI

P.O., DEVIKULAM TALUK, IDUKKI, PIN - 685 561.

BY ADVS.

SRI.P.B.KRISHNAN

SRI.MANU VYASAN PETER

SRI.P.B.SUBRAMANYAN

SRI.P.M.NEELAKANDAN

SRI.SABU GEORGE

RESPONDENT/S:

1

STATE OF KERALA

REPRESENTED BY ITS SECRETARY, REVENUE

DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM -

695 001.

2

THE DISTRICT COLLECTOR,

COLLECTORATE, KUYILIMALA, PAINAV.P.O.,

IDUKKI, PIN-685603.

3

THE TAHASILDAR

DEVIKULAM TALUK OFFICE, DEVIKULAM, IDUKKI-

685613.

W.P.(C)No.31069 of 2018

..2..

4

THE VILLAGE OFFICER,

ANAVIRATTY VILLAGE OFFICE, DEVIKULAM, IDUKKI-

685565.

5

HEAD SURVEYOR

DEVIKULAM TALUK OFFICE, DEVIKULAM, IDUKKI-

685613.

6

THE TALUK SURVEYOR, DEVIKULAM TALUK

OFFICE, DEVIKULAM, IDUKKI-685613.

OTHER PRESENT:

SRI.SAIGI JACOB PALATTY, SR.GOVT.PLEADER

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION

ON 25.09.2018, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

W.P.(C)No.31069 of 2018

..3..

ALEXANDER THOMAS, J.

-------------------------

W.P.(C)No.31069 of 2018

---------------------------

Dated this the 25th day of September, 2018

Advocates:
['P B KRISHNAN', '', 'SABU GEORGE', 'P M NEELAKANDAN', 'P B SUBRAMANYAN', 'MANU VYASAN PETER']

The prayers in this writ petition (civil) are

as follows:-

“1.

Issue a Writ of mandamus or any

other order or direction in the

nature thereof directing Respondent

No.3

to

correct

the

Survey number/Re-Survey number of

the

properties

mentioned

Ext-P1 to P4 Pattayams in accordance

with

Ext-P12

report

and

to

direct Respondent No.4 to accept the

basic tax of the land after

effecting the mutation of the land

in the name of the Petitioner.

2. Issue any other writ, order or

direction

which

this

Hon'ble

Court deems fit and necessary to

grant in the circumstances of the

case.”

2.

Heard Sri.P.B.Krishnan, learned counsel

appearing for the petitioner and Sri.Saigi Jacob

Palatty, learned Senior Government Pleader

appearing for the respondents.

..4..

3.

According to the petitioner, on the

ground that there is mistake in the survey number

shown in Exts.P1 to P4 pattayams issued in favour

of the vendors of the petitioner, the mutation of

the land in favour of the petitioner has not been

effected and the basic tax has not been accepted.

By Ext.P8 circular dated 30.10.2017 issued by the

1st respondent-State Government, directions have

been issued to the Tahsildars concerned to make

necessary enquiry in the matter of the mistake of

the survey number in the pattayams and to make

necessary correction and the District Collectors

concerned have also been authorized to approve

the same after due verification. After following

the said procedure to the petitioner's case,

respondent No.4 (Village Officer) has submitted

Ext.P11 report to respondent No.2 (District

Collector) suggesting that the land has to be

identified with the help of respondent No.6

..5..

(Taluk Surveyor) and to ascertain whether the

land is included in the list of assignable lands.

Thereafter respondent No.6 (Taluk Surveyor) after

conducting survey of the land has submitted

Ext.P12 report recommending correction of the

mistake in the survey number/resurvey number in

pursuance of Ext.P8 circular. Thereafter

respondent No.5 (Head Surveyor) has approved

Ext.P12 report of respondent No.6 (Taluk

Surveyor) and has forwarded the same to

respondent No.3 (Tahsildar). The following

endorsement has been made by respondent No.5

(Head Surveyor) on 30.1.2018 on Ext.P12 report

which reads as follows:-

"അപകപകരമ ള ഭമ സർപയർ നളത റസർപ

റകർഡകള സർകർ ഉതരവ പകരവ സല രപ"

ധന നടത തയറ കയടള ടയ സ)ച പകര

ആനവരട

വപ-ജ

പ/ക

നമർ

12

സർപ നമർ 24, 26 ഉൾസ2ടത തയറക

സമർ2ചട ള

റകർഡ രപ"ധചതൽ

അഗ

കരകവനതണ. ആകയൽ ഫയൽ അനനര നടടകൾ

സ;കരകനതപല ക സമർ2കന.”

..6..

4.

The complaint of the petitioner is that

in spite of all these, respondent No.3

(Tahsildar) is not taking further effective

action for making necessary correction with

regard to the survey number/resurvey number in

Exts.P1 to P4 pattayams and to effect mutation in

respect of the above said land in the name of the

petitioner and for acceptance of the basic land

tax in respect of the petitioner's properties.

It is in the light of these factual averments

that the petitioner has filed this writ petition

with the afore-mentioned prayers.

5.

Having regard to the facts and

circumstances disclosed in this petition more

particularly the endorsement dated on 30.1.2018

made by respondent No.5 (Head Surveyor) on

Ext.P12 report, it is ordered in the interest of

justice that respondent No.3 (Tahsildar,

Devikulam) will take all effective further

..7..

necessary action to ensure that the matter in

relation to the plea made by the petitioner for

correction of survey number/resurvey number in

Exts.P1 to P4 pattayams and to effect mutation of

the above said land and for acceptance of basic

land tax and the same should be finalised without

much delay after affording a reasonable

opportunity of being heard to the petitioner,

within a period of six weeks from the date of

production of a certified copy of this judgment.

6.

The petiti

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