IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 Con.Case(C).No. 805 of 2010(S) ------------------------------------ PETITIONER/PETITIONER IN WP(C): ---------------------------------------- P.S.NARAYANAN,S/O.LATE PADMANABHAN, AGED 82, EDAVILAKATHU HOUSE, ARUMANOOR, THIRUPURAM, NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SMT.I.SHEELA DEVI RESPONDENT/3RD RESPONDENT IN WPC: ----------------------------------------------- ANILKUMAR, FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONER, WORKING AS SUPERINTENDENT OF SURVEY, (RE-SURVEY), MINI CIVIL STATION, NEYYATTINKARA-695121. BY SMT. NISHA BOSE, GOVERNMENT PLEADER. THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 21/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: CC(C).No.805/2010 A P P E N D I X ANNEXURES: ANNEXURE A1 : COPY OF JUDGMENT IN WP(C) 1380/2010. ANNEXURE A2 : COPY OF SETTLEMENT DEED No.6030/1968 EXECUTED BY THE PETITIONER. ANNEXURE A3 : COPY OF FINAL DECREE IN O.S.283/81 DTD. 9.7.04. ANNEXURE A4 : COPY OF FINAL DECREE IN O.S.283/81 DTD. 9.7.04. ANNEXURE A5 : COPY OF SKETCH SUBMITTED BY ADVOCATE COMMISSIONER. ANNEXURE A6 : COPY OF REPRESENTATION DTD. 2.1.11 SUBMITTED BY PETITIONER BEFORE RESPONDENT. ANNEXURE A7 : COPY OF REPLY DTD.13.6.11 ISSUED BY PUBLIC INFORMATION OFFICER. ANNEXURE A8 : COPYOF REPORT OF FIRST GRADE SURVEYOR AS B1-151/10 DTD. 9.6.11 AND THE SKETCH. ANNEXURE A9 : COPY OF SKETCH, BLOCK No.19. ANNEXURE A10 : COPY OF REPORT No.K7-57854/10 DTD.4.7.11 OF HEAD SURVEYOR. ANNEXURE A11 : COPY OF REGISTER IN FORM Nos.4 AND 5. ANNEXURE A12 : COPY OF REGISTER IN FORM Nos.4 AND 5. ANNEXURE A13 : COPY OF REGISTER IN FORM Nos.4 AND 5. ANNEXURE R1(a) : COPY OF THANDAPER RECORD OF the VILLAGE OFFICE, THIRUPURAM IN THE NAME OF the PETITIONER. ANNEXURE R1(b) : THE THANDAPER RECORD WHICH SHOWS the RECEIPT OF TAX FROM THE TRANSFEREE. ANNEXURE R1(c) : COPY OF CONNECTION (ORDER) ISSUED TO THE PETITIONER ON 15.7.10. ANNEXURE R1(d) : COPY OF G.O(MS) 200/10/REVENUE DTD. 31.5.10 ISSUED BY ADDITIONAL CHIEF SECRETARY. CC(C).No.805/2010 ANNEXURE R1(e) : COPY OF CIRCULAR SURVEY B 13547/10 DTD.1.6.10 ISSUED BY SURVEY DIRECTOR. ANNEXURE R1(f) : COPY OF LETTER ADDRESSED TO PETITIONER No.B-151/10 DTD. 27.11.10. ANNEXURE R5(a) : COPY OF ORDER No.K7-57854/10 DTD. 1.8.11. ANNEXURE R5(b) : COPY OF SETTLEMENT REGISTER WITH RESPECT TO OLD SY.No.306. ANNEXURE R5(c) : COPY OF OLD RIVER BOUNDARY SKETCH OF OLD SY.No.306. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. ------------------------------------------ Contempt Case (C) No.805 OF 2010 ------------------------------------------ Dated this the 21st day of October, 2011. J U D G M E N T The petitioner herein is the petitioner in the writ petition which was disposed of by Annexure A1 judgment. Mainly it is a matter concerning the application submitted by the petitioner as per Ext.P6 produced in the writ petition seeking for correction of certain errors in the re-survey records. This Court directed the petitioner to produce the document before the 3rd respondent who was directed to conduct due enquiry in the matter and take appropriate action in accordance with law. 2. When the matter came up for hearing on 20.12.2010, the learned Government Pleader submitted that the records relating to the petitioner's application have been transferred to the Additional Tahsildar, Neyyattinkara on 08.11.2010 based on a Government Circular dated 11.06.2010. Thereafter enquiries were conducted in the matter and finally an order has been passed, which is produced along with the affidavit dated CC(C) No.805/2010 2 20.08.2011 of the Additional Tahsildar as Annexure R5(a). 3. A reading of Annexure R5(a) order shows that the application of the petitioner stands rejected. Learned counsel for the petitioner submitted that the view taken in Annexure R5(a) order cannot be supported. Along with the affidavit filed on 11.10.2010, the petitioner has produced certain documents. 4. The remedy of the petitioner is to challenge Annexure R5(a) in appropriate proceedings. Since it is stated that an enquiry was conducted for disposal of the application, whether all the aspects have been considered by the officer concerned at the time of enquiry will be a matter for consideration by the higher authority on the petitioner challenging Annexure R5(a). Therefore, leaving open the remedy of the petitioner to challenge Annexure R5(a) before the appropriate authority, this Contempt Case is closed. T.R. RAMACHANDRAN NAIR JUDGE smp