IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 2ND FEBRUARY 2010 / 13TH MAGHA 1931 WP(C).No. 2439 of 2010(D) ------------------------- PETITIONER(S): --------------- P.P.SAMUEL, AGED 79 YEARS, S/O.LATE P.O.POTHEN, PULIYARA HOUSE,THALAYAR MURI KUTTOOR PO, THIRUVALLA,PATHANAMTHITTA. BY ADV. SRI.R.SANTHOSH BABU RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT DEPARTMENT OF SURVEY AND LAND RECORDS, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, PATHANAMTHITTA DIST, PATHANAMTHITTA. 3. THE SUPERINTENDENT OF SURVEY PATHANAMTHITTA DIST, PATHANAMTHITTA. 4. ADDITIONAL TAHSILDAR, THIRUVALLA. 5. THE VILLAGE OFFICER, KUTTOOR VILLAGE, PATHANAMTHITTA DIST. GOVERNMENT PLEADER, SHRI M.P.SREEKRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.2439/2010-D ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 2nd day of February, 2010 J U D G M E N T The petitioner herein seeks for a direction to the third respondent to take a decision on Ext.P5 representation regarding rectification of re-survey records. 2. The petitioner claims to be the owner-in- possession of 34.5 cents and 20 cents comprised in old Survey Nos.26/7, 26/6 respectively of Kuttoor Village, by virtue of a partition deed No.1274/1968 of Thiruvalla Sub Registrar's Office. There is a total extent of 59.5 cents of property including 5 cents of property belonging to his wife by way of sale deed no.162/1971. Exts.P1 and P2 are the copies of the title deeds and Ext.P2 is the tax receipt dated 14/10/1987. Out of the total extent of 59.5 cents of property, the petitioner has given 7.5 cents to his brother for constructing a house and presently, the petitioner is in possession of 52 cents of property and its virivu. It is pointed out that in the re-survey records, the total extent of the petitioner's property in possession is reduced by 5 cents and the same is shown/described as thodu puramboke at the eastern side of the petitioner's property lying north-south and adjacent to a Panchayat road. It is W.P.(C). No.2439/2010 -:2:- the case of the petitioner that the re-survey records are prepared mistakenly. The petitioner had been moving various authorities in the matter for getting the mistake corrected and, finally, by Ext.P5, he has moved the third respondent in the matter. 3. Heard the learned Government Pleader in the matter. 4. There will be a direction to the third respondent to consider Ext.P5 and take appropriate action as enjoined by law after considering the various documents produced by the petitioner and reports, if any, submitted by the revenue authorities and after hearing the petitioner within a period of two months from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms