IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 WP(C).No. 27265 of 2011(G) -------------------------- PETITIONER(S): ---------------------- SHAMSUDHEEN RAWTHER, AGED 65 YEARS, FAZALUDEEN MANZHIL, MEENATH THERI, PATTAZHI NORTH VILLAGE, CHELIKUZHY PO, KOLLAM DT. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): ----------------------- 1. THE DISTRICT COLLECTOR, KOLLAM 691001. 2. THE DIRECTOR OF SURVEY AND LAND RECORDS, THIRUVANANTHAPURAM 695001. 3. THE SUPERINTENDENT, SURVEY AND LAND RECORDS (RE-SURVEY) KARUNAGAPALLY, KOLLAM 690518. 4. HAMEEDKUTTY S/O KASIM KUNJU, ALIMULLIL PURAYIDOM ENATHU VADAKKU EZHAMKULAM MURI PATHANAPURAM TALUK, KOLLAM DT 689695. 5. IBRAHIMKUTTY RAWTHER S/O PAKEER RAWTHER PALAVILA HOUSE MEENAM WARD PATTAZHI VADAKKEKKARA VILLAGE, KOLLAM 691001 WPC NO.27265/11 -2- 6. MASOOD RAWTHER, PALLATHUVEEDU EZHAMKULAM VILLAGE, PATHANAPURAM KOLLAM 689695. 7. SULAIMAN RAWTHER PALAVILA HOUSE, MEENAM WARD, PATTZHI VADAKKEKKARA VILLAGE, PATHANAPURAM, KOLLAM 689695. GOVT.PLEADER SRI.MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.27265/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE JUDGMENT DAED 4.12.08 IN WPC NO.35880/08 OF THIS HON'BLE COURT. EXT.P2: TRUE COPY OF THE ORDER DATED 12/3/09 OF THE 3RD RESPONDENT. EXT.P3: TRUE COPY OF THE COMMUNICATION DATED 18/6/2010 RECEIVED FROMTHESUB REGISTER OFFICER, PATTAZHY. EXT.P4: TRUE COPY OF THE TAX RECEIPT DATED 3/10/09. EXT.P5: TRUE COPY OF THE ORDER DATED 17/1/11 OF THE FIRST RESPONDENT. EXT.P6: TRUE COPY OF THE COMMUNICATION DATED 4.2.11 OF THE SECOND RESPONDENT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 27265 OF 2011 ===================== Dated this the 3rd day of November, 2011 J U D G M E N T According to the petitioner, he had properties in Sy.Nos.2494/4 and 2494/5 (Resurvey Nos.79/3 and 79/4) of Pattazhi Vadakkekkara Village of Pathanapuram in Kollam District. It is stated that following the re survey that was conducted, property in Sy.No. 2494/5 was assigned RS No.79/4 and that initially the property was wrongly included as Government property. Thereupon the petitioner submitted complaints, which resulted in Ext.P5 order passed by the District Collector correcting the aforesaid mistake. It is stated that even thereafter when Ext.P6 was issued by the office of the 3rd respondent, properties in Re.Sy.No.79/3 alone has been shown as the petitioner's property. In other words, what is complained by the petitioner is that the property which was originally covered by Sy.No.2494/5 (RS.No.79/4) is omitted in Ext.P6. It is thereupon this writ petition has been filed seeking to quash Ext.P6 to the extent his properties in RS No.79/4 of Pattazhi Vadakkekkara Village is excluded in the said document. WPC No. 27265/11 :2 : 2. Going by Ext.P2 relied on by the petitioner, a portion of the property in RS NO.79/4 is in his ownership. Despite the above, in Ext.P6, if any portion of his property in RS No.79/4 has been omitted, the right course which the petitioner ought to have adopted was to have appraised the 3rd respondent of such omission particularly having regard to Ext.P5. Instead of doing that, he has chosen to file this writ petition, which in my view is misconceived. Therefore, I dispose of this writ petition leaving it open to the petitioner to bring this aforesaid omission to the notice of the 3rd respondent, and direct that, if any such application for rectification is received, necessary action shall be taken on such application and that too without any further delay in the matter. ANTONY DOMINIC, JUDGE Rp