IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 16TH MARCH 2010 / 25TH PHALGUNA 1931 WA.No. 341 of 2010() -------------------- AGAINST THE JUDGEMENT IN WPC.14272/2006 Dated 31/03/2009 .................... APPELLANT(S): PETITIONER --------------------- N.SWARNA KUMAR, KAMALA SADANAM, UZHUVA MURI, VAYALAR EAST VILLAGE, CHERTHALA TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.P.S.KRISHNA PILLAI RESPONDENT(S): ---------------------- 1. THE DISTRICT SURVEY SUPERINTENDENT, COLLECTORATE, IDUKKI DISTRICT. 2. THE TAHSILDAR, DEVIKULAM, IDUKKI DISTRICT. 3. THE VILLAGE OFFICER, ANAVIRATTI VILLAGE, IDUKKI DISTRICT. 4. THE SURVEY SUPERINTENDENT (LA), DEVIKULAM, IDUKKI DISTRICT. 5. STATE OF KERALA, REPRESENTED BY THE COMMISSIONER AND SECRETARY, REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY SR. GOVT. PLEADER SRI.BENJAMIN PAUL. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN Ag. CJ & C.N. RAMACHANDRAN NAIR, J. = = = = = = = = = = = = = = = = = = = = W.A. NO. 341 OF 2010 = = = = = = = = = = = = = = DATED THIS, THE 16TH DAY OF MARCH, 2010. J U D G M E N T Ramachandran Nair, J. Appellant claims to be the owner of nine acres of land in Devikulam Taluk. Initially, the property was in Pallivasal village where tax was being remitted for this property along with other properties in the name of the appellant's father. However, according to the appellant, in 1985 after the partition, mutation was effected by the Village Officer, Pallivasal, changing the patta relating to the appellant's share in his name and for the remaining property, in the name of his father and other siblings. Later, resurvey was conducted and the property has gone to the new village by name Anaviratti. Appellant's case is that even though tax was being remitted in his name for his property in Pallivasal village, when he offered to pay tax at Anaviratti village, the Village Officer issued receipt in the name of his father as pattadar. Therefore, appellant's grievance is basically against the change of mutation after resurvey and after the formation of the new village by name Anaviratti. Learned Single Judge directed the first respondent District Survey Superintendent to take appropriate action to change the records WA 341 OF 2010 2 pertaining to the appellant's property in his name, provided the appellant approaches the first respondent with all relevant records. Learned Government Pleader, on instruction, submitted that complications arose because of the formation of the new village and on account of resurvey. It is further submitted that land remains uncultivated and the correct boundaries also cannot be identified. It is not denied that even after the partition effected in the family, the other sharers did not demarcate the property which they could not have done without the assistance of the village officer. In any case, it is unnecessary to drag on the District Survey Superintendent into the matter because this is a matter of correcting mutation after formation of new village namely, Anaviratti under which the appellant's land has gone. In the circumstances, we dispose of this writ appeal by modifying the judgment as follows: 1. The appellant will produce the partition deed, copies of tax receipts obtained from Village Officer, Pallivasal and also from the Village Officer Anaviratti and any of the records pertaining to the land before the Village Officer, Anaviratti within a period of two month along with a copy of this judgment. 2. Village Officer, Anaviratti will first identify the properties with reference to the village records, survey plan etc. and the Village Officer, Pallivasal will WA 341 OF 2010 3 coordinate with the Village Officer, Anaviratti to identify the property of the appellant and if so desired of the other family members of the appellant, who are covered by the very same partition deed, earmark the boundaries and effect mutation, if not already done, of the properties, in the name of the appellant and others entitled to the property in terms of the partition deed and recover the arrears of tax from the land owners. The District Survey Superintendent is directed to give whatever assistance from his side for effecting collection of tax in respect of the properties. Petitioner will co-operate with the Village Officer, Anaviratti and produce the records and if petitioner does it, the entire process should be completed within three months from the date of production of a copy of this judgment. P.R. RAMAN, (Ag. CHIEF JUSTICE) C.N. RAMACHANDRAN NAIR, (JUDGE). knc/-