IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 WP(C).No. 12157 of 2010(T) -------------------------- PETITIONER(S): --------------- LAILA BEEVI, AGED 58 YEARS, D/O. EASUKUNJU, VALIYAVILA VEEDU, PARAKKUNNU DESOM, NAVAIKULAM VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.T.M.ABDUL LATHEEF SRI.A.MOHAMED RASHEED RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE SURVEY DIRECTOR, SURVEY DIRECTORATE, THIRUVANANTHAPURAM-1. 3. REGIONAL JOINT DIRECTOR, (SURVEY), COLLECTORATE, VANCHIYOOR, THIRUVANANTHAPURAM-35. 4. RE-SURVEY SUPERINTENDENT, RE-SUPERINTENDENT OFFICE, ATTINGAL-695101. 5. TAHSILDAR, TALUK OFFICE, CHIRIYINKEEZHU, ATTINGAL-695101. GOVT. PLEADER SRI. M.A. ANIL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C. NO. 12157/2010 --------------------------------------------------------------------- EXT.P1 TRUE COPY OF PETITION DT. 1-3-2006. EXT.P2 LETTER DT. 23-3-2006. EXT.P3 LETTER DT. 12-4-2006. EXT.P4 PETITION DT. 8-10-2007. EXT.P5 JUDGMENT IN W.P.C. NO. 31421/2007. EXT.P6 ORDER IN R.P.NO. 1401/2008. EXT.P7 RELEVANTPAGE OF SETTLEMENT REGISTER. EXT.P8 PROCEEDINGS DT. 13-3-2009. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 12157 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 26th day of May, 2010. J U D G M E N T By document No. 2169 of 1087 M.E, the petitioner's late father obtained title over 1 acre and 31 cents of land in Survey No. 4965 of Navaikulam Village. The said property was assigned in favour of the petitioner by her father by a gift deed No. 1929 of 1977. The petitioner had also obtained certain other properties from her mother making a total of 2 acres and 71 cents, which lie as one plot. But, on resurvey, certain extent of the properties out of the same, has been included as puramboke land. The petitioner filed W.P(C) No. 31421/2007 and R.P.No. 1401/1008, in which, according to the petitioner, there was a declaration in favour of the petitioner in respect of the said land. According to the petitioner, consequent to that judgment, the respondents are bound to correct the re-survey records, for which the petitioner has submitted Exts.P1 and P4. The petitioner submits that despite the judgment, the respondents are not taking any action on the same. The petitioner therefore seeks the following reliefs: “(i) To call for the records relating to Exts.P1 to P8 and to issue a writ of mandamus commanding the respondents to correct the mistake in re-survey shown in the petitioner's property having 70 cents in Survey No. 4569/1 of Navaikulam Village as Tharisu land and to correct the same as land belonging to the petitioner covered by valid title; (ii) To issue a writ of mandamus commanding the first respondent to take immediate action against respondents 2 to 5 for having shown the petitioner's property as Tharisu land instead of Pandaravaka Pattom and to order realization of an amount of Rupees One Lakh towards compensation. (iii) To issue a writ of mandamus commanding the respondents to consider and dispose of Exts.P1 and P4 applications and to cause the corrections of the mistake requested in the said applications.” W.P.C. No. 12157/2010 -: 2 :- 2. I have heard the learned Government Pleader also. In view of the judgment of this Court, it is incumbent on the 5th respondent to take further proceedings pursuant to the said judgment in Exts.P1 and P4. This shall be done as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. Till then, there shall not be any coercive proceedings against the petitioner on the basis of the allegedly incorrect re-survey number. Sd/- S. Siri Jagan, Judge. Tds/