IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931 WP(C).No. 1561 of 2010(U) ------------------------------------- PETITIONER: ------------------- SMT.ROSILY, W/O.SEBASTIAN, AGED 43 YEARS, THAKIDIYEL HOUSE, JOSEGIRI P.O., RAJAKKAD VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. BY ADV. MR.A.J.JOSE. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, IDUKKI, PAINAVU P.O., COLLECTORATE, IDUKKI. 3. THE VILLAGE OFFICER, RAJAKKAD VILLAGE, RAJAKKAD P.O. 4. THE TAHSILDAR, TALUK OFFICE, UDUMBANCHOLA, IDUKKI DISTRICT. 5. THE SURVEY SUPERINTENDENT, RAJAKKAD, RAJAKKAD P.O., IDUKKI DISTRICT. 6. MR.PHILIP, S/O.ESTHAPPAN, KUNNAPPILLIMATTATHIL HOUSE, RAJAKKAD P.O., RAJAKKAD VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. R1 TO R5 BY GOVT. PLEADER MR. M.A. ASIF. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.1561/2010-U: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE FORM OF PATTA DTD. 18/02/1994 WRONGLY ISSUED IN THE NAME OF THE R.6. EXT.P.2: COPY OF THE COMPLAINT DTD. 08/03/2001. EXT.P.3: COPY OF THE REPORT OF THE VILLAGE OFFICER DTD. 26/03/2001. EXT.P.4: COPY OF THE LETTER DTD. 10/04/2001. EXT.P.5: COPY OF THE RECEIPT FOR THE PETITION ISSUED ON BEHALF OF THE R.2. EXT.P.6: COPY OF THE PETITION DTD. 18/05/2009 UNDER THE RIGHT TO INFORMATION ACT. EXT.P.7: COPY OF THE LETTER DTD. 02/06/2009. EXT.P.8: COPY OF THE PETITION UNDER RIGHT TO INFORMATION ACT DTD. 16/06/2009. EXT.P.9: COPY OF THE LETTER DTD. 08/07/2009 FROM THE PUBLIC INFORMATION OFFICER ATTACHED TO THE R.4. EXT.P.10: COPY OF THE PETITION DT.D 29/07/2009. EXT.P.11: COPY OF THE LETTER DTD. 19/09/2009. EXT.P.12: COPY OF THE LETTER DTD. 27/10/2009. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 1561 of 2010-U - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of March, 2010. JUDGMENT The petitioner is a permanent resident of Josegiri, in Rajakkad Village, Udumbanchola Taluk, Idukki District. She is the owner and in possession of one acre of land comprised in Sy. No.3/10 of Rajakkad Village having R.S.No.8/10 in Udumbanchola Taluk of Idukki District. The petitioner applied for grant of patta in respect of the property, in the prescribed form after complying with all the formalities. The patta was granted erroneously, according to the petitioner, in the name of the 6th respondent, showing the survey and boundaries of the petitioner as that of the 6th respondent. Ext.P1 is the copy of the form of patta. This resulted in the petitioner filing various complaints before the authorities and finally Ext.P2 complaint was submitted before the District Collector. The same is numbered as N.DIS.71/2000/C3 and has been forwarded to the Tahsildar, Udumbanchola. 2. Based on verification and local inspection, the Village Officer has submitted a report as per Ext.P3. Again, the 4th respondent Tahsildar directed the 5th respondent to prepare the sketch of the properties of the wpc1561 /2010 2 petitioner, as per Ext.P4. It is is stated the 5th respondent has not so far identified, demarcated and fixed the boundaries of the properties with notice to the petitioner. Finally, the petitioner submitted a written complaint before the District Collector's Grievances Redressal Cell on 7.8.2007 which was numbered as 697. This is evident from Ext.P5 receipt. Under the Right to Information Act, the petitioner filed an application as Ext.P6 on 18.5.2009, seeking various information. Ext.P7 is the reply given in the matter. A further request was made as per Ext.P8, to which Ext.P9 reply has been received. By Ext.P9 it was informed that the complaint of the petitioner and the other records have been forwarded to Rajakumari Land Assignment Officer for appropriate action and if the petitioner has any objection to his, she can file an appeal before the Appellate Authority & Tahsildar, Udumbanchola. Thereafter, the petitioner submitted Ext.P10 before the said authority. She was given a reply by the 4th respondent stating that her grievance cannot be redressed under the Right to Information Act. Finally, by Ext.P12 she was informed by the Superintendent, Survey and Land Records (L.A.) to appear before the said officer along with the documents, on 16.11.2009. Thereafter, the petitioner attended the office of the 5th respondent in compliance of the direction contained in Ext.P12. wpc1561 /2010 3 3. What is sought for by the petitioner is a direction to correct the error in the matter. Even though notice has been served, no counter affidavit has been filed by the 6th respondent also. 4. Therefore, there will be a direction to the fifth respondent to complete the enquiry as contemplated in Ext.P12, with notice to the petitioner and the 6th respondent, if the same has not been completed so far, and file an appropriate report before the competent authority in the matter. Orders shall be passed by the second respondent after hearing the petitioner and the 6th respondent, within a period of three months from the date of receipt of a copy of this judgment, after completing due enquiry in the matter. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/