IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 WP(C).No. 2845 of 2008(L) ------------------------------------- PETITIONER: ------------------- SRI. GANGADHARA KURUP, KEEZHUR MADOM, KALLAMBALAM P.O., TRIVANDRUM. BY ADV. SRI.SIBY MATHEW, ADV. SRI.A.A.MOHAMMED NAZIR. RESPONDENTS: ----------------------- 1. THE RE-SURVEY SUPERINTENDENT, TRIVANDRUM. 2. THE TAHSILDAR, CHIRAYINKEEZHU TALUK, TRIVANDRUM. 3. THE VILLAGE OFFICER, KARAVARAM VILLAGE, TRIVANDRUM. *ADDL.R4. THE RE-SURVEY SUPERINTENDENT, ATTINGAL. *ADDL.R5. THE DISTRICT SURVEY SUPERINTENDENT, TRIVANDRUM. *ARE IMPLEADED AS ADDL.R4 AND R5 VIDE ORDER DTD. 26/09/08 IN I.A. NO. 12139/08. BY GOVT. PLEADER SMT. M.R. SREELATHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.2845/2008-L: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE DOCUMENT NO. 4569/1965 EXECUTED IN FAVOUR OF THE PETITIONER. EXT.P.2: COPY OF THE RESURVEY SKETCH SHOWING THE PROPERTIES OF THE PETITIONER INCLUDED IN BLOCK NO.40. EXT.P.3: COPY OF THE APPLICATION DTD. 28/09/2007 FILED BY THE PETITIONER BEFORE THE R.2. EXT.P.4: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE R.1. ON 03/11/2007. EXT.P.5: COPY OF THE JUDGMENT DTD. 20/11/2007 IN W.P.(C).NO.33841/2007 OF THIS HONOURABLE COURT. EXT.P.6: COPY OF THE LETTER DTD. 24/11/2007 ISSUED BY THE R.3. EXT.P.7: COPY OF THE REPRESENTATION DTD. 11/01/2008 BY THE PETITIONER BEFORE R.1. EXT.P.8: COPY OF THE REPRESENTATION DTD. 17/09/2008 SUBMITTED BY THE PETITIONER BEFORE THE RESURVEY SUPERINTENDENT, ATTINGAL WITH COPY TO DISTRICT SURVEY SUPERINTENDENT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. V.GIRI, J. ------------------------- W.P.(C).No.2845 of 2008 ------------------------- Dated this the 3rd day of November, 2008. JUDGMENT The petitioner claims ownership over an extent of 2.56 acres under Ext.P1 sale deed. It seems that subsequent to the sale deed, mutation was effected. The properties are included in block No.40 in Re-survey No.206/4, 206/5 and 206/6 of Karavaram Village. According to the petitioner, the resurvey sketch is yet to attain finality. On remittance of basic tax, the Village Officer refused to accept the same. The petitioner filed an application before the Resurvey Superintendent and approached this court. By Ext.P5 judgment, respondents 2 and 4 therein were directed to consider the petitioner's application for issuance of Thandaper register and for acceptance of the basic tax. Now the whole extent of property is covered by Ext.P1. The Village Officer informed that the Thandaper Register has been destroyed. The petitioner then submitted a petition before the Resurvey Superintendent, 4th respondent as per Ext.P8 produced along with I.A.No.12139/08. In the facts and circumstances of the W.P.(C).NO.2845/08 :: 2 :: case, the 4th respondent is to take a decision on the said application. 2. I heard learned counsel for the petitioner and learned Government Pleader. In the result, the writ petition is disposed of directing the 4th respondent to consider Ext.P8 and take a decision thereon within a period of three months from the date of receipt of a copy of this judgment. Apart from the records maintained in the Surveyor's office, the sale deed under which the petitioner claims ownership and any prior document of title referred to in Ext.P1, shall be looked into before taking a decision on Ext.P8. Sd/- (V.GIRI) JUDGE sk/ //true copy//