IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 12TH MARCH 2009 / 21ST PHALGUNA 1930 WP(C).No. 15899 of 2007(P) -------------------------- PETITIONERS: --------------- 1. DAREEFA BEEVI, SHAJAHAN MANZIL, MANAKKADU, VADAKKEVILA P.O., KOLLAM- 10. 2. SHAJAHAN.Y., SHAJAHAN MANZIL, MANAKKADU, VADAKKEVILA P.O., KOLLAM-10. 3. NOORJAHAN.Y., SHAJAHAN MANZIL, MANAKKADU, VADAKKEVILA P.O., KOLLAM-10. 4. NOUSHAD.Y., SHAJAHAN MANZIL, MANAKKADU, VADAKKEVILA P.O., KOLLAM-10. 5. ANZAR.Y., SHAJAHAN MANZIL, MANAKKADU, VADAKKEVILA P.O., KOLLAM-10. 6. MUMTHAZ.Y., SHAJAHAN MANZIL, MANAKKADU, VADAKKEVILA P.O., KOLLAM-10. BY ADV. SMT.S.KARTHIKA SRI.M.S.UNNIKRISHNAN SMT.K.P.GEETHA MANI SRI.M.R.ANISON SRI.T.R.RAJESH RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY ITS SECRETARY TO GOVT., REVENUE DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. -2- W.P(C).NO.15899/2007 2. THE DISTRICT COLLECTOR, KOLLAM. 3. THE ADDITIONAL TAHSILDAR, KOLLAM. BY GOVT.PLEADER SRI T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.15899/2007 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE SALE DEED NO.1533 DTD.13/6/1977 OF KOLLAM SUB REGISTRY OFFICE. EXT.P2 TRUE COPY OF THE SALE DEED NO.1534 DATED 13/6/1977 OF KOLLAM SUB REGISTRY OFFICE. EXT.P3 TRUE COPY OF THE LAND TAX RECEIPT DTD.23/1/2006 ISSUED BY THE KOLLM EAST VILLAGE OFFICE. EXT.P4 TRUE COPY F THE POSSESSIO CERTIFICATE DATED 16/2/2004 ISSUED BY THE VILLAGE OFFICER, KOLLAM EAST. EXT.P5 TRUE COPY OF THE LOCATION SKETCH ISSUED BY THE VILLAGE OFFICER, KOLLAM EAST. EXT.P6 TRU COPY OF THE NOTICE DTD. 23/5/2007 ISSUED BY THE 3RD RESPONDENT.P HARUN-UL-RASHID,J. --------------------------- W.P.(C).NO.15899 OF 2007 ---------------------------- DATED THIS THE 12TH DAY OF MARCH, 2009 JUDGMENT This writ petition is filed seeking to quash Ext.P6 notice and for other consequential reliefs. According to the petitioners, their properties are comprised in Sy.No.157/25 of Kollam East Village. Exts.P1 to P4 are the title deeds. It is the petitioners' case that they do not own any property in Sy.No.171/62 as stated in Ext.P6 notice. By interim order dated 25/5/2007 this Court made it clear that the respondents shall proceed only against the property in Sy.No.171/62. 2. Learned counsel for the petitioner submitted that a portion of the building in Sy.No.157/25 belonging to the petitioners was demolished by the respondents and subsequently the petitioners submitted representation before the District Collector on 5/2/2008 requesting to rectify the mistake committed by the survey authorities in reducing the extent of the -2- W.P.(C).15899/2007 land owned by the petitioners. Acting on the representation the District Collector forwarded the matter to the District Superintendent of Survey for passing appropriate orders. The District Superintendent of Survey rejected the contention of the petitioners and dismissed their claim. The petitioners preferred Appeal No.1519/08 before the Director of Survey and Land Records, Thiruvananthapuram and the same is pending consideration before him. The learned Government Pleader on instructions submitted that the submission made by the petitioners is not correct and that the portion of the building situated in Sy.No.171/62 alone was demolished. 3. In the facts and circumstances of the case, there will be a direction to the Director of Survey and Records, Thiruvananthapuram to consider the appeal preferred by the petitioners on merits and dispose of the same, after affording them an opportunity of being heard, within a period of four months from the date of receipt of a copy of this judgment. -3- W.P.(C).15899/2007 Petitioners shall produce a copy of this judgment, writ petition and appeal memorandum before the Director of Survey and Records, Thiruvananthapuram. Writ Petition is disposed of as above. Sd/- HARUN-UL-RASHID, Judge. kcv.