The main prayers in this Writ Petition are as

follows:

“i)

issue a writ of certiorari or any other

appropriate writ, order or direction calling

for the original of Ext P13 and quash the same;

ii)

issue a writ of mandamus or any other

appropriate writ, order or direction commanding

the respondent not to disturb the petitioners'

peaceful possession of 2 acre 89 cents of

property falling in old survey no 171/2, 171/3,

171/11 which is alleged to be included as

puramboke in Kadambazhipuram II village in Re

survey No: 537 in Block No: 76 pending disposal

of Ext-P11 and P12 statutory application under

Section 13A of the Kerala Surveys and

Boundaries Act;

iii) issue a writ of mandamus or any other

appropriate writ, order or direction commanding

the respondent not to deal with the property

falling in old survey no 171/2, 171/3, 171/11

which is alleged to be included as puramboke in

Kadambazhipuram II village in Re survey No: 537

in Block No: 76 treating the same a Puramboke

land.”

2.

Heard Sri.K.M.Sathyanatha Menon, learned

counsel for the petitioner and Smt.A.C.Vidhya,

learned Government Pleader appearing for the

respondents.

3.

According to the petitioner, his

grandfather had purchased landed property

coming to an extent of 2.89 acres comprised in

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Sy.No.171/2, 171/3 and 171/11 of Karimbuzha II

Village, Ottapalam Taluk, Palakkad District as

per Ext.P-2 registered sale deed No.1398/2007

dated 27.3.2007 of S.R.O., Kadambazhipuram.

That, later, petitioner's grandfather had

executed Ext.P-1 registered will allotting the

said property to the petitioner as per B schedule

thereof as his share in that bequest. The

petitioner's grandfather passed away on 9.6.2018

and accordingly, the petitioner had thus become

the absolute owner of the property. Further it

is stated that Exts.P-3 & P-4 documents are the

prior title deeds in question and Exts.P-5,

P-5(a) and P-5(b) are the tax receipts issued by

the Village Officer concerned. It is contended by

the petitioner that the abovesaid properties are

in possession of the petitioner's family from the

year 1949 onwards.

When the petitioner's

grandfather requested for mutation of the

properties in his name, the petitioner's

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grandfather was issued with Ext.P-8 communication

dated 28.4.2018 issued by the 1^st respondent-

Village Officer stating that after re-survey, the

abovesaid

properties

are

included

in

Kadambazhipuram II Village in Block No.76 in Re-

Sy.No.537 and that the same is categorized as

“puramboke land” in the re-survey records.

4.

The petitioner would contend that on the

basis of Exts.P-1 to P-5 documents he is having

clear and marketable title over the abovesaid

properties and that the attempt in Ext.P-8 to

treat the entire land as “puramboke land” is a

palpable mistake. Further it is stated that in

Ext.P-7 field map maintained with Karimbuzha II

Village Office, the abovesaid properties have

been duly described as part of the private

property of the petitioner's family and Ext.P-10

reply obtained under the Right to Information Act

and Ext.P-8 letter also mentions about the

possession of the property by the petitioner's

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grandfather. Hence, it is stated that it is only

to be concluded that the inclusion of the

petitioner's property as “puramboke land” after

re-survey is a mistake which has crept in the re-

survey process.

5.

On receipt of Ext.P-8 letter dated

28.4.2018, intimating the proposal to include the

property as “puramboke land”, the petitioner's

grandfather had filed Ext.P-11 statutory revision

petition under Sec.13A of the Survey and

Boundaries Act, before the 2^nd respondent-District

Collector. In the meanwhile, the petitioner's

grandfather had died on 9.6.2018 and the

petitioner is not in a position to trace out the

receipt of Ext.P-11 revision petition. Therefore

the petitioner has been advised to move a

statutory revision petition as per Ex