IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 15TH JUNE 2010 / 25TH JYAISTHA 1932 WP(C).No. 26088 of 2007(E) -------------------------- PETITIONER(S): --------------- SOOSAMMA SAMUEL, W/O SAMUEL 55 YEARS OF AGE, RESIDING AT VATTAKKOTTU PUTHENVEETIL (VELIYATHU), KODUMAN VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.JOHN MATHEW SRI.MANUEL KACHIRAMATTAM RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, PATHANAMTHITTA. 2. DISTRICT SUPERINTENDENT OF SURVEY, DISTRICT SURVEY SUPERINTENDENT OFFICE, COLLECTORATE, PATHANAMTHITTA. GOVERNMENT PLEADER SHRI.K.RAMESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 26088/2007 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE TAX RECEIPT DTD.20.1.93. P2 & 2A. COPY OF THE LAND TAX RECEIPTS. P3 & 3A. COPY OF THE LAND TAX RECEIPTS. P4. COPY OF THE PETITION DTD.28.10.05. P5. COPY OF THE NOTICE BY R2. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 26088 of 2007 ================== Dated this the 15th day of June, 2010 J U D G M E N T The petitioner and her husband purchased 2 acres and 43.75 cents of land in survey nos.434/1 and 434/1-7-11 (Re-survey No.389/5) of Kodumon Village, as per sale deed nos.1490/1994 and 1491/94 of the Adoor Sub Registrar's Office. Out of the 2 acres and 43.75 cents, the petitioner and her husband sold 1 acre and 58 cents to one Meenappilly Ravoothar, retaining 85.75 cents with themselves. But as per the survey records, the extent of the land in their possession is shown only as 17.50 cents. The petitioner filed Ext.P4 petition before the District Collector seeking appropriate correction of the resurvey records. 2. The petitioner submits that the said application has been forwarded to the 2nd respondent-District Superintendent of Survey, for consideration. The petitioner submits that she has received Ext.P5 communication from the 2nd respondent directing the petitioner to produce documents in support of the petitioner's contentions. The petitioner submits that in spite of producing of those documents, the petitioner has not been favoured with a favourable order in respect of the correction of the resurvey records. The petitioner, therefore, seeks the following reliefs: w.p.c.26088/07 2 “(i) Issue a writ of mandamus or any other writ or order or direction directing the respondents to correct the mistake occurred in the re- survey records relating to the property comprised in Re-survey No.389/5 in the Koduman Village. (ii) Issue a writ of mandamus or any other writ or order or direction directing the respondents to consider the representation dated 28.10.2005 by correcting the mistake occurred in the re-survey records relating to the property comprised in Re-Survey No.389/5 in the Koduman Village as 85.75 instead of 17.50.” 3. I have heard the learned Government Pleader also. 4. After having issued Ext.P5 communication, the 2nd respondent has a duty to take the matter to its logical conclusion by passing final orders in the matter. Accordingly, this writ petition is disposed of with a direction to the 2nd respondent to take further steps pursuant to Ext.P5 and take a final decision regarding the request of the petitioner for correction of the resurvey records in respect of the petitioner's property, as expeditiously as possible, at any rate, within six weeks from the date of receipt of a certified copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge