IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 13TH JANUARY 2010 / 23TH POUSHA 1931 WP(C).No. 34507 of 2009(G) -------------------------- PETITIONER --------------- LISSY DEVASSIKUTTY, WIFE OF DEVASSIKUTTY OUSEPH, PYNATATH VEETTIL, KARUKTTI VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.T.P.SAJAN SRI.M.MOHAMED NAVAZ SRI.L.ALOYSIUS THOMAS RESPONDENTS: --------------- 1. SURVEY SUPERINTENDENT, DISTRICT SURVEY OFFICE, ERNAKULAM ,KAKKANAD. 2. TAHASILDAR, ALUVA TALUK, ALUVA. 3. VILLAGE OFFICER, OFFICE OF THE VILLAGE OFFICER, KARUKUTTY VILLAGE. GOVERNMENT PLEADER SRI.M.A.ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 34507 of 2009(G) APPENDIX PETITIONER'S EXHIBITS:- Exhibit P1 : Settlement deed No.1220/94 of Angamaly Sub Registry. Exhibit P2 : Tax receipt issued by the Village Officer, Karukutti dated 24/2/97 in respect of 29 cents in Re Sy No.62/10 of Block No.3 of Karukutty Village. Exhibit P3 : Tax receipt issued by the Village Officer, Karukutti dated 26/6/2006 in respect of 20 cents in Re Sy No.62/10-2 of Block No.3 of Karukutty Village in favour of Vinod. Exhibit P4 : Application dated 14-10-2009 Exhibit P5 : Reminder dated 21/10/2009 Respondent's Exhibits: Nil True copy PA to Judge T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.34507 of 2009 ------------------------------------------------ Dated this the 13th day of January, 2010 JUDGMENT The petitioner’s father-in-law was having 49 cents in old Sy.No.959/2 of Karukutty Village. Out of the total extent of 49 cents, 29 cents of property covered by a settlement deed was held by the husband of the petitioner as per settlement Deed No.1220/1994 of Angamaly Sub Registry. There after the property was resurveyed and was included in new No.62/10. Exts.P1 and P2 are produced herein in support of the above plea. The husband expired on 11/3/1999 and thereafter petitioner along with 2 children have inherited the property. She along with one son Manoj executed release deed in respect of their share in favour of another son Vinod. The said Vinod had applied for mutation of the property and the 3rd respondent has effected mutation of the property into his name assigning Survey sub division as Re Survey No62/10-2 and said Vinod is paying basic tax under Thandapper Account No.4928 of Karukutty Village. The remaining 9 cents of property are in occupation of the petitioner along with the 2 children. W.P.(C)No.34507 of 2009 2 2. The present compliant raised by the petitioner is that the resurvey authorities have committed some mistakes in subdividing the property. Hence she filed Ext.P4 application for getting it corrected. Going by the re-survey conducted only 20 cents of property have been included in their name instead of 29 cents covered by the settlement deed. So far no orders have been passed on Ext.P4. 3. There will be a direction to the first respondent to take a decision on Ext.P4 after considering various materials produced by the petitioner and conducting necessary measurements within a period of three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj