IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 WP(C).No. 19724 of 2004(W) ------------------------------------------ PETITIONER: -------------------- JACOB JOHN, AGED 46 YEARS, KALEEKAL PADINJARETHIL, VENMONY P.O., VIA. CHENGANNUR, ALAPPUZHA DISTRICT. BY ADV. SRI.M.P.KRISHNAN NAIR RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY SECRETARY REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF SURVEYS AND LAND RECORDS, TRIVANDRUM. 3. THE DISTRICT COLLECTOR, ALAPPUZHA. 4. THE TAHSILDAR, CHENGANNOOR. BY SR. GOVERNMENT PLEADER SRI. P.N.SANTHOSH - R1TOR4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.19724/2004 W APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SALE DEED NO.1971/88 DTD. 21/12/1988. EXT.P2: COPY OF THE GIFT DEED NO.1974/88 DTD. 21/12/1988. EXT.P3: COPY OF THE SALE DEED NO.1649/93 DTD. 22/11/99. EXT.P4: COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER TO THE PETITIONER ON 2/1/97. EXT.P5: COPY OF THE RECEIPT NO.39 BOOK NO.253 DTD.15/1/94. EXT.P6: COPY OF THE LETTER NO.E3.53927/L.DIS.DTD. 14/12/93. EXT.P7: COPY OF THE REPRESENTATION DTD. 1/10/94 SUBMITTED BY THE PETITIONER BEFORE THE TAHSILDAR, CHENGANNUR. EXT.P8: COPY OF THE LETTER NO.57286/E3/93/REVENUE DTD. 29/03/94. EXT.P9: COPY OF THE LETTER DTD. 15/11/94 ISSUED FROM THE INDIAN EXPRESS. EXT.P9(A): COPY OF THE LETTER OF DEPUTY DIRECTOR OF SURVEY, ALAPPUZHA. EXT.P10: COPY OF THE LETTER NO.E3-46499/95/L.DIS.DTD. 11/9/95. EXT.P11: COPY OF THE LETTER ISSUED BY THE DISTRICT COLLECTOR TO THE PETITIONER. EXT.P12: COPY OF THE LETTER NO.A4/14/3600/98 DTD. 6/8/98 ISSUED BY THE ZILLA SAINIK WELFARE OFFICER TO THE DIRECTOR, DIRECTORATE OF SAINIK WELFARE, THIRUVANANTHAPURAM. EXT.P13: COPY OF THE JUDGMENT DTD. 20/03/2000 IN O.S.NO.1/95. EXT.P14: COPY OF THE THANDAPER ACCOUNT IN THANDAPER NO.4712 ISSUED BY THE VILLAGE OFFICER, VENMONY. Kss ..2/- ...2..... WPC.NO.19724/2004 W EXT.P15: COPY OF THE E-MAIL COMPLAINT DTD. 6/6/03 SUBMITTED BY THE PETITIONER BEFORE THE JOINT SECRETARY, TRIVANDRUM. EXT.P16: TRUE LETTER NO.E2.37392/04 DTD. 2/7/2007 ISSUED BY THE DEPUTY COLLECTOR, COLLECTORATE, ALAPPUZHA. EXT.P17: COPY OF THE LETTER NO.105341/E3/2005/RD DTD. 26/03/2007 ISSUED BY THE PRINCIPAL SECRETARY, REVENUE (E) DEPARTMENT, THIRUVANANTHAPURAM. EXT.P18: COPY OF THE LETTER NO.E6.37765/06 DTD. 16/01/2007 ISSUED BY THE SURVEY DEPUTY DIRECTOR, COLLECTORATE, ALAPPUZHA. /TRUE COPY/ P.A.TO JUDGE Kss S.SIRI JAGAN, J = = = = = = = = = = = = = = = = W.P.(C).No. 19724 OF 2004 = = = = = = = = = = = = = Dated this the 6th day of June, 2008. J U D G M E N T The petitioner is an ex-service man who retired from Indian Air Force on 30.11.1989. By Ext.P1 sale deed, the petitioner's father purchased 45 cents of land in survey No.246/8A. His father, as per Ext.P2 gift deed, gifted 25 cents out of the same to the petitioner and 20 cents to the petitioner's brother by Ext.P3 sale deed. Petitioner's brother sold his 20 cents also to the petitioner. Accordingly, the petitioner became the absolute owner of 45 cents equivalent to 17.35 ares in old survey No. 246/8A. While so, the resurvey team resurveyed the property. By Ext.P4, certificate issued by the village officer and Ext.P5 tax receipt, it is clear that the petitioner's property was included as 17.35 ares in resurvey No.208/11. Petitioner submits that while he was away at his work place, somebody removed the survey stones in respect of the petitioner's property. Petitioner complaints in this regard fell on deaf ears. Petitioner alleges that the Taluk Surveyor with malafide intention changed the survey W.P.(C).No. 19724 OF 2004 2 number of the petitioner's property as 208/10 instead of 208/11. Now from Ext.P14, the petitioner has come to understand that the petitioner's property has been wrongly mutated as 15.70 ares in resurvey No. 208/11 instead of 17.35 ares in resurvey No.208/10 and the same has been entered in Thandaper account of 6728. The petitioner points out that from Ext.P4, it is clear that petitioner's Thandaper account is 4712 and that the entire procedure of correction made has been without notice to the petitioner and therefore not valid. The petitioner therefore seeks the following reliefs: i) Call for the entire records of the petitioner's case leading to issue of Exts. P10 and P14. ii) To issue a writ in the nature of mandamus or any appropriate writ, order or direction declaring that action of the respondent in removing the Plotting Data Plan from the Venmony Village Office, finding the new claimant for Sy.No.208/11 at Venmony Village records for the petitioner's property of 17.35 ares and non- availability of Thandaper in Sy. No. 208/11 and cancellation of Thandaper account of 4712 of the petitioner's property of 17.35 areas in Sy. No. 208/11 at Venmony Village records, false and frivolous report submitted by different officials suppressing the facts regarding the actual area of the petitioner's property according to Filed Measurement Ladder Plan and Plotting Data Plan, tax receipt held by the people living in Sy. No.208/11, non-collection of land tax in Sy.No. 208/10 and opening new Thandaper, non replacement of resurvey stones are highly illegal, arbitrary, malafide W.P.(C).No. 19724 OF 2004 3 in nature discriminatory in character, unjust, unreasonable and unsustainable. iii) To issue a writ in the nature of mandamus or any appropriate writ, order or direction directing the respondents to allot correct survey number and re-allot Sy.No.208/11 to the petitioner's property of 17.35 ares and also revoke and restore earlier Thandaper No.4712 in the name of the petitioner and find out the actual measurement on the basis of the actual survey number and actual Thandaper and collect the land tax of the petitioner's property in Sy.No.208/11 and open the Thandaper and replace the resurvey stone immediately. 2. A counter affidavit has been filed in which the contention is that, as per the resurvey records, the petitioner's property has been correctly entered as 15.70 ares in resurvey No.208/10 and it is the revenue authorities who have committed the mistake. But they do not dispute the fact that before making the correction, the petitioner was not heard. 3. Admittedly, as is evident from the documents produced before me, as per the village records, after the resurvey, originally the petitioner's property was mutated as 17.35 ares in 208/11 as per Thandaper account No.4712 of Venmony Village. When the same is sought to be corrected for whatever reason, the petitioner ought to have been given a notice and in hearing without which the correction could not have been validly effected. W.P.(C).No. 19724 OF 2004 4 That has not been done in this case. Therefore it is only just and proper that the 4th respondent or any other competent officer empowered to do so decides the matter afresh after affording an opportunity of being heard to the petitioner and others, if any, who are likely to be affected by a decision in the matter. Accordingly I dispose of this writ petition with a direction to the 4th respondent or any other competent officer empowered to do so to issue a notice to the petitioner and others likely to be affected, directing them to appear for a hearing. The 4th respondent shall thereafter permit the parties to file written statements, afford an opportunity of being heard and pass appropriate orders as warranted by law, as expeditiously as possible at any rate within three months from the date of receipt of a copy of this judgment. If necessary, for deciding the issue, the competent officer of the revenue department shall arrange to have the property measured. S.SIRI JAGAN, JUDGE bkn/-