IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933 WP(C).No. 12260 of 2007(H) ---------------------------------------- PETITIONER(S): ------------------------ JANAKIKUTTY, D/O PRABHAKARA PANIKER, ARAYALATH VALIYA VEETTIL HOUSE, VELAPPAYA VILLAGE, DESOM, THRISSUR TALUK. BY ADV. SRI.DILIP J. AKKARA RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REP.BY THE SECRETARY, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, THRISSUR. 3. THE SURVEY DIRECTOR, SURVEY & LAND RECORDS, COLLECTORATE, THRISSUR. 4. THE DEPUTY DIRECTOR, SURVEY & LAND RECORDS, COLLECTORATE, THRISSUR. 5. THE TAHSILDAR, TALUK OFFICE, THRISSUR. R1 TO R5 BY GOVERNMENT PLEADER SRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts 2/- -2- WP(C)NO.12260/2007 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE PURCHASE CERTIFICATE NO.714 DATED 18/9/75 P2 COPY OF THE OLD SURVEY SKETCH OF SY.NO.397 P3 COPY OF THE BASIC TAX REGISTER OF SY.397(3) P4 COPY OF THE REPRESENTATION DATED 20/8/05. P5 COPY OF THE APPLICATION FOR ASSIGNMENT OF LAND DATED 16/11/05. P6 COPY OF THE MAHASSAR BY VILLAGE ASSISTANT DATED 23/2/06. P7 COPY OF THE NO-OBJECTION CERTIFICATE BY THE SECRETARY, AVANNUR GRAMA PANCHAYATH. P8 COPY OF THE REPORT OF VILLAGE OFFICER, AVANNUR VILLAGE DATED 28/2/06 P9 COPY OF THE REPORT OF THE EXECUTIVE ENGINEER P.W.D DEPARTMENT, THRISSUR DATED 26/5/06. P10 COPY OF THE REPORT NO.13-1823/05 DATED 12/12/05 OF THE 4TH RESPONDENT P11 OPY OF THE SURVEY SKETCH OF THE TINY TRIANGULAR PORTION, IN SY.397(3) DEMARCATED AND ASSIGNED TO PETITIONER. P12 COPY OF THE REPORT OF 3RD RESPONDENT TO THE 1ST RESPONDENT DATED 2/1/06 SENT TO PETITIONER WITH COVERING LETTER. P13 COPY OF THE COMMUNICATION C5-7872/06/K.DIS DATED 18/8/06. P14 COPY OF THE RECENT BASIC REGISTER OF SY.397(3) P15 COPY OF THE COMPLAINT DATED 8/11/06. P16 COPY OF THE ORDER NO.L DIS/14045/06/B1 DATED 20/12/06. P17 COPY OF THE OFFICIAL SKETCH R.SY.6/15 VALAPPAYA ISSUED BY THE CONCERNED VILLAGE OFFICER. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 12260 of 2007 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of June, 2011 J U D G M E N T The petitioner has filed this writ petition complaining that a portion of the petitioner's property was shown in the revenue records as Government Puramboke and correspondingly a part of the Government puramboke is shown as the petitioner's property. The petitioner submits that, as is evidenced by Ext.P10, this mistake has been admitted by the Deputy Director of Survey and Land Records and the solution suggested was to assign property in the possession of the petitioner shown as Government puramboke in the revenue records to the petitioner. However when the petitioner submitted an application for assignment, the same has been rejected by Ext.P13 order by stating that since the land in question is road puramboke, the same cannot be assigned. It is under the above circumstances the petitioner has filed this writ W.P.(C)No. 12260 of 2007 -2- petition seeking the following reliefs: “A. issue a Writ of Certiorari or such other appropriate writ, order or direction setting aside Exts.P-13 & P-16 orders. B. Direct the respondents to remedy the mistakes in Survey records relating to Sy.397 of Velappaya Village and petitioner's properties by allowing Ext.P-5 application for assignment. C. Direct the 1st respondent to compensate the petitioner for the harassment, mental agony and damages caused to her and the costs of this and preceding proceedings” 2. The 4th respondent has filed a counter affidavit disputing the claim of the petitioner. 3. I have considered the rival contentions in detail. 4. After perusing the documents produced by the petitioner, it is abundantly clear that the Survey authorities had made some mistake in the matter. On a perusal of the counter affidavit, I am satisfied that the person who had prepared the counter affidavit has not clearly understood the case. It appears that the land which the petitioner seeks assignment of, is in the possession of the petitioner and as evidenced by Ext.P14 tax receipt that is shown as dry land. As such, the stand taken in Exts.P13 & P16 does not appear to be after considering the facts in its correct W.P.(C)No. 12260 of 2007 -3- perspective. If actually the land shown as road puramboke in the Revenue records is in the possession of the petitioner and the same is not in fact a road and at the same time the petitioner's property has been shown as road, then naturally the matter requires re-consideration by the respondents. Accordingly Exts.P13 & P16 are quashed. The 2nd respondent is directed to reconsider the question of assignment of the land in the possession of the petitioner after obtaining appropriate reports from respondents 3 to 5 in respect of the nature of the property which the petitioner seeks assignment of, after ascertaining whether there is a mistake in the description of the respective properties in the revenue records. If there is a mistake committed by the Survey Authorities and the petitioner's property is shown as puramboke land and the puramboke land is shown as the petitioner's property, it is only appropriate that a right solution is found for the imbroglio, by exchanging the properties, so that the road which is shown as the petitioner's property can remain as a road and the land W.P.(C)No. 12260 of 2007 -4- shown as road puramboke which is actually in the possession of the petitioner as petitioner's property. The 2nd respondent shall consider the entire matter with the assistance of respondents 3 to 5 and pass a final order taking into account the above observations and all the circumstances as expeditiously as possible, at any rate, within a period of four months from the date of receipt of a certified copy of this judgment. The writ petition is disposed of as above. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/