IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 23RD MARCH 2010 / 2ND CHAITHRA 1932 WP(C).No. 22644 of 2009(A) ----------------------------------- PETITIONER(S): -------------------- ISSOLA DE COCO HOLIDAYING PVT.LTD, REP.BY MANAGING DIRECTOR, PARUTHIYOOR, POOVAR PO, THIRUVANANTHAPURAM. BY ADV. SMT.I.SHEELA DEVI RESPONDENT(S): ---------------------------- 1. TAHSILDAR, TALUK OFFICER, NEYYATTINKARA, 2. SUPERINTENDENT OF SURVEY AND RECORDS(RE- SURVEY)RE-SURVEY, NEYYATTINKARA. 3. THE VILLAGE OFFICER, THIRUPURAM NEYYATTINKARA. 4. DEPUTY COLLECTOR, VIGILANCE, SOUTHERN RANGE, THIRUVANANTHPURAM BY GOVERNMENT PLEADER MR.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.22644/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PETITION DEED NO.62/09 ME OF THE PRINCIPAL SUB REGISTRAR, NEYYATTINKARA. P2:- COPY OF THE SALE DEED NO.16 / 2002 OF THE SRO POOVAL EXECUTED BY THE POWER OF ATTORNEY HOLDER TO THE PETITIONER. P3:- COPY OF THE ACCOUNT OF THE THANDAPPER OF THE PREVIOUS OWNER. P4:- COPY OF THE FORM NO.97 OF THE SURVEY MANUAL. P4(a):- COPY OF THE SKETCH AFTER CORRECTING THE EXTENT. P5:- COPY OF THE BASIC TAX REGISTER WITH REGARD TO THE PROPERTY OF THE PETITIONER. P6:- COPY OF THE PROPERTY TAX RECEIPT DTD. 11.2.2008 ISSUED BY THE 3RD RESPONDENT. P7:- COPY OF THE REPRESENTATION DTD. 21.5.2008 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. P8:- COPY OF THE JUDGMENT IN WPC. 10114 OF 2009 DTD. 30.3.09 OF THIS HONOURABLE COURT. P9:- COPY OF THE ORDER NO.243/09 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DTD. 25.7.09. P10:- COPY OF THE JUDGMENT IN CONT. CASE NO.587/09 DTD. 26.6.09 OF THIS HONOURABLE COURT. P11:- COPY OF THE APPEAL SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT DTD. 3.7.09. P12:- COPY OF THE AREA REGISTER ISSUED BY THE IST RESPONDENT DTD. 8.2.01. TRUE COPY P.A. TO JUDGE tss T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.22644 of 2009 ------------------------------------------------ Dated this the 23rd day of March, 2010 JUDGMENT The petitioner herein purchased various items of land in Re-Survey No.377/3 in Block No.19 of Thirupuram Village of an extent of 1.7617 hectors. 2. According to the petitioner, after purchase he was paying the tax and mutation has been effected in favour of him. Even though a possession certificate and location sketch in favour of the said property for sanctioning a building plan from the panchayat was applied for, no action was taken by 2nd and 3rd respondents in the matter. The 3rd respondent refused to receive the land tax in the year 2008-09. He approached this court by filing W.P.(C)No.10114/2009 which was disposed of directing the third respondent to consider and pass appropriate orders within a period of six weeks. Even though the direction was issued by this Court, the said appeal was not considered and the petitioner herein had filed Cont.Case No.587 of 2009, and pending the same, order was passed rejecting his representation. Ultimately by Ext.P9, the Village Officer informed that a decision can be taken only after measuring the extent of the puramboke. W.P.(C)No.22644 of 2009 2 Accordingly, application for issuance of possession certificate and location certificate was rejected. In the counter affidavit filed by the first respondent it is pointed out in paragraph '3' as follows:- “As per revenue records Mohammed Farooq has got only 09.90 Ares of land in Resurvey.377/3 of Block No.19. But after mutation as per PV.321/97 of Special Tahsildar LR.Neyyattinkara the area increased to 1.76.17 Hectres of land in Resurvey No.377/3. But no Form No.7 was received in the Village Office with this regard. Moreover, there is no entry in F.M.Book about the alteration in area. As per Rule 22(3) of Kerala Survey and Boundaries Act when Government lands are transferred from assessed to unassessed and vice versa a fresh Sub Division in a survey field of subdivision may be created. In this case it is not done so. Here a portion of Puramboke land is added to an existing Resurvey number and it is illegal. So the matter was reported to the Vigilance Deputy Collector (Revenue). South Zone vide reference No.06-17162/07 dated 6.8.2008 of this office and the same is pending before the Vigilance Deputy Collector Vide File No.RVC/TV/85/05.” 3. Therefore what is contented by the respondent is that a portion of the property in the ownership and possession of the petitioner is part of puramboke and therefore possession W.P.(C)No.22644 of 2009 3 certificate and location sketch cannot be issued. Even though it is mentioned Vigilance Enquiry is pending, the same will not prevent the respondent from conducting a survey for identifying the puramboke, if puramboke land is mixed up with the registered holding. 4. Therefore there will be a direction to the first respondent to consider the application, take all steps to measure out the property claimed by the petitioner to find out whether any puramboke land is mixed up and is in the possession of the petitioner. He will arrange the survey to be done through the 2nd respondent, after hearing the petitioner. Appropriate decision will be taken within a period of three months from the date of receipt of a copy of this judgment. The writ petition is accordingly disposed of. T.R.RAMACHANDRAN NAIR, JUDGE skj