IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 WP(C).No. 21967 of 2009(M) -------------------------------------- PETITIONERS: --------------------- 1. P.G.SREEDEVIKUTTY, W/O.MADHAVAN NAIR, KOZHAMBALLY HOUSE, AMBALAMUKAL. P.O, ERNAKULAM. 2. MADHAVAN NAIR, KOZHAMBALLY HOUSE, DO..DO.. BY ADVS. MR.P.C.THOMAS, MR.ROJO J.THURUTHIPARA. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REP. BY ITS SECRETARY, MINISTRY OF REVENUE, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR COLLECTORATE ,ERNAKULAM. 3. THE DEPUTY DIRECTOR, SURVEY AND LAND RECORDS, COLLECTORATE,ERNAKULAM. 4. THE DISTRICT SURVEY SUPERINTENDENT, COLLECTORATE, ERNAKULAM. 5. THE SPECIAL THAHASILDAR, LAND ACQUISITION,VADAKKEKOTTA, THRIPUNITHURA. 6. THE SUPERINTENDENT OF SURVEY, (RE-SURVEY), MINI CIVIL STATION,THRIPUNITHARA. W.P.(C). NO.21967/2009-M: 7. THE VILLAGE OFFICER, THIRUVANUR VILLAGE, KUNNATHUNAD TALUK, ERNAKULAM. *ADDL. R8 IMPLEADED: 9. BHARAT PETROLEUM CORPORATION LIMITED, KOCHI REFINERY, POST BAG NO.2, AMBALAMUGAL. *IMPLEADED R.8 AS PER ORDER DT. 30/03/10 IN I.A. NO. 4525/2010. R1 TO R7 BY GOVERNMENT PLEADER MR. P.N. SANTHOSH, R8 BY ADVS. MR.E.K.NANDAKUMAR, MR.A.K.JAYASANKAR NAMBIAR, MR.K.JOHN MATHAI, MR.P.BENNY THOMAS, MR.P.GOPINATH, SMT.THUSHARA JAMES, MR.R.SHRI HARI, ADV.COMMISSIONR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.21967/2009-M ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 6th day of April, 2010 J U D G M E N T This writ petition is filed by the petitioners mainly for a direction to respondent Nos. 3, 4 and 6 to take urgent and necessary steps to correct the mistake crept in the re-survey records of the Thiruvaniyur Village in respect of the land described in Ext.P2 records. There is a further prayer to effect mutation of 9.950 cents of land described in Ext.P2, jointly in the name of the petitioners. 2. The first petitioner is the wife of the second petitioner. The total extent of the property claimed by the petitioners is 83 cents. According to them, the property is comprised in Re-survey No.229/37 of Thiruvaniyur Village in Kunnathunad Taluk. Now, the property has been acquired for the purpose of B.P.C.L. The issue raised in this writ petition concerns the defect in the re-survey records whereby, as regards 9.950 cents of land is concerned according to the petitioner, the re- survey records require a correction. It is pointed out that the survey authorities have not bestowed their attention to the entire aspects, resulting in the present predicament of the petitioners. W.P.(C). No.21967/2009 -:2:- 3. After hearing parties this Court appointed an Advocate Commissioner to take a measurement of the entire extent which is subjected to the land acquisition and the Commissioner has filed a report along with the plan. The respondents have not filed any objection to the Commissioner's report. Going by the report of the Commissioner also, the total extent is 83 cents. 4. The learned counsel for the petitioners, Shri P.C Thomas submitted that the petitioners cannot be deprived of the right to have the compensation for the entire extent of 83 cents. It is therefore, prayed that the District Level Purchase Committee headed by the District Collector may be directed to look into the aspect. It is further pointed out by the learned counsel for the petitioners that the said Committee can even consider the defects including the defects in the evaluation categorisation, the area of land etc., going by paragraph (5) of the minutes of the meeting held on 19/06/2009, a copy of which was submitted for perusal by the learned counsel for the petitioner. The learned Senior Counsel, Shri A.M.Shafeeq appearing for the B.P.C.L submitted that the authority has no objection in the said committee considering the matter but, the possession has to be handed over since the land in and W.P.(C). No.21967/2009 -:3:- around the area have already been taken into possession and they will have to proceed with the further steps. 5. Therefore, the writ petition is disposed of with the following directions:- The District Level Purchase Committee headed by the District Collector will consider the entire gamut of the contentions of the petitioner with regard to the claim for compensation of the 83 cents of land and allied matters. The requirement of any correction of the revenue records will also be considered by the Committee and for an effective adjudication of the same, it is open to the District Collector to call for the records of the survey authorities and orders will be passed accordingly by the District Collector. The action as directed above will be finalised within a period of two months after hearing petitioners who will produce all documents relied upon by them along with a copy of this Judgment. In the meanwhile, the property can be taken possession of by the authorities concerned after drawing a proper mahazar in regard to the entire extent of property taken into possession from the petitioners. The respondents will be free to take possession of the entire extent of 83 cents and there will be a separate mahazar showing the details for taking possession of the 9.950 cents which will be done with notice to the petitioners. W.P.(C). No.21967/2009 -:4:- It is open to the petitioners to receive the compensation offered for the 73 cents of land for which there is an undisputed title for the parties concerned. With regard to the balance extent, the payment will depend upon the decision to be taken by the District Level Purchase Committee. No costs. (T.R. Ramachandran Nair, Judge.) ms