IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 9TH JUNE 2011 / 19TH JYAISHTA 1933 WP(C).No. 37981 of 2010(W) -------------------------- PETITIONER: --------------- ANNAMMA JACOB, CHAKRASSERIL, THEEPPENI, THIRUVALLA. BY ADV. MR. K.C.CHARLES MR. M.POLY MATHAI MR. P.CHELLAPPAN MR. E.N.HARI MR. VIMAL K.CHARLES MS. A.T.RENJU RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, PATHANAMTHITTA. 2. THE DISTRICT SURVEY SUPERINTENDENT PATHANAMTHITTA. 3. THE SPECIAL TAHSILDAR, LAND ACQUISTION (RAILWAY) PATHANAMTHITTA. 4. THE DIVISIONAL MANAGER, SOUTHERN RAILWAY, TRIVANDRUM. R1 TO R4 BY GOVERNMENT PLEADER MR. T.K. ARAVINDAKUMAR BABU R4 ADV. MR. O.B.NASSEER,SC, RAILWAYS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 37981 OF 2010 APPENDIX PETITIONER'S EXHIBITS : EXT. P1 : TRUE COPY OF THE PROCEEDINGS OF THE SPECIAL DEPUTY COLLECTOR, RAILWAY, QUILON ISSUED TO C.R. RAGHAVAN EXT. P2: TRUE COPY OF THE RECEIPT ISSUED TO C.R. RAGHAVAN BY THE SPECIAL DEPUTY COLLECTOR DATED 17.09.1965 EXT. P3 TRUE COPY OF THE NOTICE ISSUED TO MR. C. R. RAGHAVAN EXT. P4 TRUE COPY OF THE DOCUMENT NO. 3690 OF THE SRO, THIRUVALLA DATED 06.10.1970 EXT. P5 TRUE COPY OF THE RECEIPT OF THE THIRUVALLA MUNCIPALITY DATED 05.10.1991 ISSUED TO C.O. JACOB EXT. P6 TRUE COPY OF THE REPRESENTATION DATED 22.06.2009 EXT. P7 TRUE COPY OF THE REPORT DATED 02.11.2009 OBTAINED BY THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT. EXT. P8 TRUE COPY OF THE LETTER DATED 21.04.2010 /TRUE COPY/ P.A. TO JUDGE P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No. 37981 of 2010 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 9th June , 2011 JUDGMENT The petitioner has approached this Court with the following prayers : i. To call for the records leading to Exhibit P8 and quash the same by the issuance of the writ of certiorari. ii. To direct respondents 1 to 3 to conduct a resurvey of the petitioner's land and make necessary endorsements in the records enabling her to pay the property tax for the 3.625 cents of land in survey No. 376/7 of Thiruvalla Village. iii. To direct the 4th respondent to pay compensation as per law to petitioner's land to be acquired by them. iv. Order the respondents to pay the entire costs of the above petitioner to the petitioner. v. To issue any other order, writ or direction that this Hon'ble Court deems fit and proper in the facts and circumstances of the above case. 2. The second respondent, in response to the reliefs sought for, has filed counter affidavit, specifically pointing out in paragraph 7, that the petitioner, if at all aggrieved has to approach the additional Tahasildar and Survey Superintendent, Pathanamthitta in order to make necessary changes in the records; asserting that, the Land Acquisition Officer has no role in this regard. W.P. (C) No. 37981 of 2010 : 2 : 3. The learned counsel for the petitioner submits that the petitioner would pursue further steps accordingly and that appropriate directions may be given to the concerned authorities to have the proceedings finalized as above. 4. In the said circumstances, the petitioner is set at liberty to approach the additional Tahasildar and the Survey Superintendent by filing necessary application in the prescribed manner, forthwith, so as to get appropriate relief, on which event, the same shall be caused to be considered and finalized by the aforesaid authorities as expeditiously as possible, at any rate within 'three months' from the date of receipt of the application. It is made clear that the interim order passed on 11.04.2011 shall continue for a period of three months. The Writ Petition is disposed. P. R. RAMACHANDRA MENON, JUDGE kmd