IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 17TH FEBRUARY 2010 / 28TH MAGHA 1931 WP(C).No. 11861 of 2009(C) --------------------------------------- PETITIONER(S): ----------------------- RAJAYYAN NADAR, MEKKUMKARA PUTHEN VEEDU, PUNAGUDIKONAM, CHERIYAKOLLAYIL, KUNNATHUKAL, THIRUVANANTHAPURAM. BY ADV. SMT.I.SHEELA DEVI RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. JOINT DIRECTOR OF SURVEY AND LAND RECORDS, THIRUVANANTHAPURAM REGION, THIRUVANANTHAPURAM. 3. A. SALIM KUMAR, ASSISTANT DIRECTOR OF SURVEY, NEYYATINKARA. 4. VILLAGE OFFICER, KUNNATHUKAL. * ADDL. R5 IMPLEADED ADDL. R5: ADDITIONAL TAHSILDAR, NEYYATTINKARA. * IS IMPLEADED AS ADDL.R5, VIDE ORDER DATED 21/10/2009 IN I.A.12861/2009. R1, R2, R4 & ADDL.R5 BY GOVERNMENT PLEADER MR.M.A. ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 11861/2009-C APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SETTLEMENT REGISTER OF THE KUNNATHUKAL VILLAGE. EXT.P2: COPY OF THE RE-SURVEY PLAN FIELD NO.78 AND 79 NEYYATTINKARA TALUK OF THE PETITIONER. EXT.P3: COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE SUPERINTENDENT OF SURVEY, NEYYATTINKARA DATED 06/08/2003. EXT.P3(a): COPY OF THE REPORT NO.S.A.87/2003 SUBMITTED BY THE PETITIONER BEFORE THE SUPERINTENDENT OF SURVEY, NEYYATINKARA. EXT.P3(b): COPY OF THE FORM NO.47 FAIR AREA LIST BLOCK NO.39 SUBMITTED BY THE PETITIONER BEFORE THE SUPERINTENDENT OF SURVEY, NEYYATINKARA, DATED 16/02/2005. EXT.P4: COPY OF THE ORDER NO.D2.174/05/D.DIS DATED 16/02/2005 BY THE ASSISTANT DIRECTOR OF SURVEY, NEYYATTINKARA TO THE PETITIONER. EXT.P5: COPY OF THE FORM NO.97 OF THE SURVEY MANUAL NEYYATTINKARA TALUK DATED 01/01/2005. EXT.P6: COPY OF THE RELEVANT PAGE OF THE BASIC TAX REGISTER. EXT.P7: COPY OF THE RECEIPT OF THE PROPERTY TAX DATED 14/03/2005. EXT.P8: COPY OF THE JUDGMENT IN O.S. NO.535/2005 DATED 06/12/2006 OF THE PRINCIPAL MUNSIFF, NEYYATINKARA. EXT.P8(a): COPY OF THE DECREE IN O.S.NO.535/2005 DATED 06/12/2006 OF THE PRINCIPAL MUNSIFF, NEYYATINKARA. EXT.P8(b): COPY OF THE SURVEY SKETCH OF SY. NO.320/5A. EXT.P9: COPY OF THE SKETCH PREPARED BY THE TECHNICAL ASSISTANT, CENTRAL SURVEY OFFICE, THIRUVANANTHAPURAM DATED 25/04/2005. EXT.P10: COPY OF THE ORDER NO.A3-946/07 DATED 12/12/2008 BY THE JOINT DIRECTOR, THIRUVANANTHAPURAM. EXT.P10(a): COPY OF THE CANCELLATION OF THE CHANGES IN THE SURVEY MANUAL. EXT.P11: COPY OF THE ORDER NO.G4-20789/06 DATED 13/10/2009 ISSUED BY THE ADDITIONAL TAHSILDAR, NEYYATTINKARA TO THE PETITIONER. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.11861/2009-C ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 17th day of February, 2010 J U D G M E N T Petitioner is aggrieved by Ext.P10 order passed by the second respondent. It is mainly contended that the order is passed without hearing the petitioner. 2. The petitioner is the owner of a property having an extent of 8.25 acres in Re-survey No.78/16 in Block No.39 of Kunnathukal Village. This was inherited from his father. It is averred in the writ petition that when re- survey was conducted, the Panchayat pond to an extent of 41 cents was also included in his property and it was measured as 52 cents instead of 41 cents . The petitioner therefore, lost 60 cents of property and he approached the Survey authorities for curing the defects and it was cured and the property was sub divisioned and thereby he lost 2 cents. There was a civil dispute also as O.S.No.535/2005, a suit filed by the petitioner for declaration of title and ownership of the property which was decreed in his favour. 3. Subsequent to the passing of Ext.P10, by Ext.P11, a notice was issued under Rule 11 and Form 'C' by the Additional Tahsildar and this Court by an interim order dated 21/10/2009 stayed further action pursuant to it. W.P.(C). No.11861/2009 -:2:- 4. Heard the learned counsel for the petitioner and the learned Government Pleader. There cannot be any dispute that the petitioner was not heard before passing Ext.P10. In that view of the matter, an opportunity has to be given to the petitioner and, accordingly, Ext.P10 is quashed. There will be a direction to the second respondent to take a decision after hearing the petitioner and any other necessary parties within a period of four months from the date of receipt of a copy of this Judgment. The interim order passed by this Court will continue to be in force and Ext.P11 will be kept in abeyance till orders are passed. Depending upon the order thus passed, Ext.P11 will be modified. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms