IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 WP(C).No. 37279 of 2007(K) -------------------------- PETITIONER(S): --------------- THAYYIL MOOSAN, AGED 55 YEARS, S/O. MAMMU, THAYYIL HOUSE, PATTUVAM AMSOM, DESOM, PATTUVAM P.O., TALIPARAMBA. BY ADV. SRI.M.RAMESH CHANDER RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO REVENUE DEPARTMENT, THIRUVANANTHAPURAM. 2. DISTRICT SURVEY SUPERINTENDENT, KANNUR. 3. TAHSILDAR, TALIPARAMBA. 4. RE-SURVEY SUPERINTENDENT, KANNUR. 5. VILLAGE OFFICER, PATTUVAM VILLAGE. R1 TO 5 BY GOVT. PLEADER SRI.ANTONY MUKKATH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/10/2011, THE COURT ON 11/10/2011 DELIVERED THE FOLLOWING: WP(C).No. 37279 of 2007(K) APPENDIX PETITIONERS EXHIBITS :- EXT.P1 : PHOTOSTAT COPY OF JENMAM ASSIGNMENT DEED NO.1484/97 DATED 07-05-1997. EXT.P2 : PHOTOSTAT COPY OF RECEIPT ISSUED BY VILLAGE OFFICER DATED 08-07-1997. EXT.P3 : PHOTOSTAT COPY OF APPLICATION SUBMITTED BY PETITIONER BEFORE 2ND RESPONDENT. RESPONDENTS EXHIBITS :- NIL // TRUE COPY// P.A TO JUDGE amk. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.37279 of 2007 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of October, 2011 J U D G M E N T The petitioner and his brothers together purchased 5 acres and 4 cents of property by Ext.P1 sale deed. In Ext.P1, new survey numbers of the subject property has been included in the schedule and a plan was also attached the document. But when the petitioner offered to pay basic tax in respect of the property, the respondents refused to accept tax in respect of 20 cents in resurvey numbers 232 & 233 on the ground that resurvey numbers are not included in the survey records. The petitioner has filed an application before the 4th respondent to measure and demarcate the entire 5 acres and 4 cents on the basis of resurvey records. Finding no favourable reply, the petitioner has filed this writ petition seeking the following reliefs: “i) issue a writ of mandamus or any other appropriate writ order or direction directing the respondents to include the resurvey numbers in the survey records with respect to 10.250 cents in RS 232 and 9.750 cents in RS 233 of Pattuva Village, Taliparamba Taluk and to pass consequential orders on the basis of the resurvey conducted by the respondents; W.P.(C)No.37279 of 2007 -2- ii) issue a writ of mandamus or any other appropriate writ order or direction to accept basic tax from the petitioner with respect to 10.250 cents in RS 232 and 9.750 cents in RS 233 of Pattuva village, Taliparamba Taluk;” 2. The 3rd respondent has filed a counter affidavit in paragraph 11 of the same it is stated thus: “11. Fresh re-survey in respect of the Survey Numbers is to be conducted by the competent authority and thus this issue can be solved. For that the petitioner has to approach the authority concerned and if the competent authorities make necessary changes and corrections in the survey records, the basic Tax can be accepted. No with available records, Basic Tax cannot be accepted from the petitioner.” In the above circumstances, this writ petition is disposed of with a direction to the 4th respondent to measure the subject property pursuant to Ext.P3 application and demarcate the properties with reference to the title deed of the petitioner and the survey records. This shall be done as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment. The 5th respondent shall accept the tax in respect of the properties in accordance with the final decision of the 4th respondent. Sd/- S. SIRI JAGAN JUDGE //True copy// shg/ P.A. TO JUDGE