IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933 WP(C).No. 3414 of 2006(F) ------------------------- PETITIONER(S): G.BOVAS,PANDIMAMVILA HOUSE, KOKKUZHIKUNNU, MANIYANKODE.P.O, KALPATTA, WAYANAD. BY ADV. SRI.P.BABU KUMAR RESPONDENT(S): 1. STATE OF KERALA, REP. BY SECRETARY TO REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE RESURVEY SUPERINTENDENT, RESURVEY OFFICE, S.BATHERY. 3. THE DISTRICT COLLECTOR, CIVIL STATION, KALPATTA NORTH, WAYANAD. 4. THE TAHSILDAR, VYTHIRI TALUK, WAYANAD. 5. DEPUTY DIRECTOR OF SURVEY (LR), CIVIL STATION, MALAPPURAM. 6. MADHULE MAYE, NOW WORKING AS DEPUTY DIRECTOR OF SURVEY (LR), CIVIL STATION, MALAPPURAM. R1 TO R6 BY SR. GOVT. PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BKA WP(C).No. 3414 of 2006(F) APPENDIX PETITIONER'(S) EXHIBITS: EXT.P1 COPY OF THE SALE DEED EXECUTED IN FAVOUR OF THE PETITIONER BY ONE DEVAKIAMMA DATED 18.07.2001. EXT.P2 COPY OF THE APPLICATION FOR SURVEY ADALATH SUBMITTED BEFORE THE 2ND RESPONDENT BY DEVAKIAMMA DATED 16.07.2001. EXT.P3 COPY OF THE INTIMATION SENT TO 2ND RESPONDENT BY DEVAKIAMMA DATED 23.07.2001. EXT.P4 COPY OF THE REGISTERED LETTER SENT BY PETITIONER TO 3RD RESPONDENT DATED 26.04.2002. EXT.P5 COPY OF THE LAWYER NOTICE SENT BY THE PETITIONER TO THE 2ND AND 3RD RESPONDENTS DATED 07.07.2003. EXT.P6 COPY OF THE REPLY SENT BY THE 3RD RESPONDENT TO THE PETITIONER DATED 18.09.2003. EXT.P7 COPY OF the REPLY SENT BY THE 2ND RESPONDENT TO THE PETITIONER DATED 01.09.2003. EXT.P8 COPY OF THE PETITION SENT BY THE PETITIONER TO THE 4TH RESPONDENT ALONG WITH THE SURVEY SKETCH DATED 19.11.2003. EXT.P9 COPY OF THE REPRESENTATION SUBMITTED BEFORE THE CHIEF MINISTER OF KERALA DATED 30.09.2004. EXT.P10 COPY OF THE INTIMATION ISSUED BY the 4TH RESPONDENT DATED 08.10.2004. EXT.P11 COPY OF THE REPRESENTATION SENT TO THE CHIEF MINISTER BY THE PETITIONER DATED 26.10.2004. EXT.P12 COPY OF THE CIRCULAR B1/16891/95 DATED 26.05.1995. EXT.P13 COPY OF THE CIRCULAR ISSUED BY THE 3RD RESPONDENT TO THE TAHSILDAR DATED 03.05.1997. WP(C).No. 3414 of 2006(F) EXT.P14 COPY OF THE LAWYER NOTICE ISSUED BY THE PETITIONER TO THE 1ST AND 2ND RESPONDENTS DATED 16.02.2005. EXT.P15 COPY OF THE INTIMATION ISSUED BY THE VILLAGE OFFICER, VENGAPPALLY DATED NIL. RESPONDENT'(S) EXHIBITS: NIL //TRUE COPY// PA TO JUDGE BKA ANTONY DOMINIC, J. ------------------------------------------ WPC NO. 3414 OF 2006 ------------------------------------------ Dated this the 3rd day of December, 2011 J U D G M E N T The pleadings in this writ petition show that an extent of 1.74 acres of land in Survey No.55 of Vengappally Village, was purchased by the petitioner. According to the petitioner, on finalisation of the resurvey, there was reduction in the extent of land, and that the prior owner himself had made a complaint for the rectification of the alleged mistaken survey. It is stated that despite having received the complaint, respondents have not taken any action for redressing the complaints. With these allegations, the writ petition has been filed for appropriate orders. 2. From the counter affidavit filed, it is seen that the survey was finalised in 1994 and that grievances of this nature can be redressed by the Tahsildar concerned. According to the respondents, it is for the petitioner to approach Tahsildar and, if any, such complaint is made, the WPC NO. 3414 OF 2006 ..2.. same will be duly considered. 3. Since the stand of the respondents is that Tahsildar is the competent authority to deal with grievance such as the one raised by the petitioner, it is for the petitioner to move the Tahsildar. 4. However, it is the specific case of the counsel for the petitioner that Ext.P8 application filed by the petitioner for correction of the Survey records is now pending before the Tahsildar and that the said application should be ordered, to be considered. Taking note of this submission, it is directed that on production of the copy of this judgment, the Tahsildar will consider Ext.P8 application made by the petitioner, if the same has been revived and is pending. This shall be done, at any rate, within eight weeks of production of copy of the judgment. This writ petition is disposed of. ANTONY DOMINIC, JUDGE bka/-