IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 WP(C).No. 15456 of 2008(M) -------------------------- PETITIONER: ------------ MARY @ MARIYAMMA, W/O.K.V.GEORGE, KOLLANNUR HOUSE, KUMBALANGAD, (COLLEGE ROAD), KANJIRAKODE P.O, PIN-680 590, VADAKKANCHERRY, THRISSUR DISTRICT. BY ADV. SMT.P.K.RADHIKA RESPONDENTS: ------------- 1. THE DEPUTY COLLECTOR (LR), COLLECTORATE ERNAKULAM, KOCHI. 2. THE SPECIAL TAHSILDAR (LR), TRIPUNITHURA, ERNAKULAM. 3. THE VILLAGE OFFICER, NEDUMBASSERY. 4. THE SPECIAL TAHSILDAR (LR), PARAKKADAVU, ALUVA, ERNAKULAM DISTRICT. BY GOVERNMENT PLEADER SHRI.P.K.BABU FOR R1-4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.15456 of 2008 ================== Dated this the 22nd day of July, 2008 J U D G M E N T The petitioner claims to be the owner in possession of 20.05 cents of land in Survey Nos.496/34 in Nedumbassery Village, which she obtained as per a purchase certificate. Unfortunately, for the petitioner, in the purchase certificate the survey number of the property is mistakenly shown as 496/8. In the above circumstances, the petitioner filed an application before the 3rd respondent seeking correction of the survey number in the purchase certificate. Her attempt having not met with success, the petitioner has filed this writ petition seeking the following reliefs: “i. issue a Writ of Mandamus of mandamus [sic] by way of giving a direction to the respondents to take necessary steps to correctly [sic] old survey number of the property as 496/34 belonged to the petitioner in Nedumbassery village. ii. Issue a writ of mandamus by way of giving a direction to the 4th respondent to correct the old survey number of the property given in the purchase certificate.” 2. The learned Government Pleader has filed a statement on behalf of the respondents to the following effect: “1. It is submitted that the above said Writ Petition has been filed by Mary @ Mariyamma. The prayer of the petitioner is to correct w.p.c.15456/08 2 the survey number of the property. 2. According to the petitioner, she filed an application before the Land Tribunal, Tripunithura, in order to correct his [sic] survey number, but her prayer was rejected on the ground that the Government has paid annuity for this particular property, the jenmom right belongs to Akaparambu Devaswom. 3. On instruction, Deputy Collector (LR) Collectorate came to my office and stated that if the petitioner file [sic] an application before the Deputy Collector (LR), Ernakulam, he can consider his [sic] application and pass appropriate orders. Moreover, the fact is that Deputy Collector (LR) is the competent authority to take a decision on the application filed by the petitioner. 4. Therefore, it is humbly prayed that this Hon'ble Court may be pleased to give proper direction to the petitioner in this connection.” 3. In view of the averments in the statement, this writ petition is disposed of as follows: The petitioner submits that after receiving the statement, the petitioner has already filed a petition before the Deputy Collector (LR). If the petitioner has already filed or files such an application, the Deputy Collector (LR) shall consider the same and pass appropriate orders thereon, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment or date of receipt of the application, whichever is later. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.15456/08 3