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
['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