IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 19TH JANUARY 2010 / 29TH POUSHA 1931 WP(C).No. 37138 of 2009(J) -------------------------------- PETITIONER: -------------- MR.JOY JOSEPH, KODIANTHARA HOUSE, PUTHANANGADY, KOTTAYAM. BY MR.SHAJI P.CHALY, ADVOCATE. RESPONDENTS: ------------------ 1. THE DISTRICT COLLECTOR, ALAPPUZHA. 2. THE SUPERINTENDENT OF RESURVEY, ALAPPUZHA. 3. THE TAHSILDAR, KUTTANADU TALUK. 4. THE VILLAGE OFFICER, KUNNUMMA, KUTTANADU TALUK. BY MR.P.NARAYANAN, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.37138 OF 2009 --------------------------------------- Dated this the 19th day of January, 2010. J U D G M E N T The petitioner is the owner of 19 acres of wet land comprised of 13 acres in Survey No.382/1 and 5.67 Ares of land in Survey No.382/1 in Thiruvarpu village (now Kunnummel village). The main prayer in the writ petition is for a direction to respondents to complete the procedure for effecting mutation of names in the revenue records pursuant to Exhibits P7 to P10 applications. The further prayer is to direct the 4th respondent to receive basic tax with respect to the properties covered by Exhibits P1 to P5 documents. 2. Exhibit P1 is the Partition Deed of the year 1958. Exhibits P2 and P3 are two Gift Deeds of the years 1959 and 1969. Exhibit P4 is another Gift Deed of the year 1969. Exhibit P5 is a Will executed in the year 1976 to which Letters of Administration has been granted as per Exhibit P6. 3. The 2nd respondent has filed a counter affidavit wherein W.P.(C) No.37138/2009 2 it is pointed out that the properties situated in the particular village are water logged and the procedure to complete the re- survey is going on on a slow pace. The applications received from the various parties produced in the writ petition were given to the Head Surveyor No.1 who is in charge of the Kunnumma village where the property belongs. The 1st Grade Surveyor one Mr.K.E.Abdul Salim had called up all four applicants to meet him at Kunnumma Village Office on 15.09.2008 for verification of original documents and to inspect the plots. As none of the applicants turned up to meet the Surveyor, the applications were kept rejected. On further directions of District Collector, Alappuzha, the files were reopened. Head Surveyor-I of the office has been directed to take action, and the matter is under consideration. The difficulty pointed out by the respondent is to the effect that the area is water logged. It is pointed out that presently Neelanperoor village is under final processing of 13 publication. 4. Learned counsel for the petitioner submitted that now de-watering process is completed and therefore, a direction may W.P.(C) No.37138/2009 3 be issued to complete the finalisation of survey and verification within a time frame, at any rate, before the end of March 2010, and if it is not completed now, it may prolong after the monsoon starts. Therefore, there will be a direction to the 2nd respondent to complete the inspection expeditiously, at any rate, within a period of four months. Depending upon the final outcome, the mutation will be effected. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp