IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933 WP(C).No. 25342 of 2006(P) -------------------------------------- PETITIONERS: --------------------- 1. KOLATHI, AGED 68 YEARS, W/O.CHATHAN, HOUSE NO. 3/180, (NEW IV/76) POTTA PADIKKAL HOUSE, RAMANATTUKARA, KOZHIKODE THALUK. 2. DEVAKI, AGED 43 YEARS, D/O.CHATHAN - KOLATHI, HOUSE NO.3/180,(NEW IV/76), POTTA PADIKKAL HOUSE, RAMANATTUKARA,KOZHIKODE THALUK. 3. SAROJINI, AGED 38 YEARS, D/O.CHATHAN - KOLATHI, HOUSE NO. 3/180, (NEW IV/76), POTTA PADIKKAL HOUSE, RAMANTTUKARA, KOZHIKODE THALUK. 4. UNNIKRISHNAN, AGED 43 YEARS, D/O.CHATHAN - KOLATHI, HOUSE NO.3/180, (NEW IV/76), POTTA PADIKKAL HOUSE, RAMANATTUKARA, KOZHIKODE THALUK. BY ADVS. SRI.MANJERI SUNDERRAJ, SRI.B.PREMNATH (E). RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP.BY THE SECRETARY, REVENUE DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, TRIVANDRUM. 2. THE VILLAGE OFFICER, VELIPARAM VILLAGE OFFICE, RAMANATTUKARA, KOZHIKODE. W.P.(C). NO.25342/2006-P: 3. NARAYANI, AGED 70 YEARS, HUSBAND'S NAME NOT KNOWN, RAMANATTUKARA, KOZHIKODE THALUK. 4. PURUSHOTHAMAN, AGED 43 YEARS, S/O.NARAYANI, "V.P.MEDICALS STORES", RAMANATTUKARA, KOZHIKODE THALUK. 5. MANNANKOTTU GOPALAN, AGED 50 YEARS, MANNANKOTTU HOUSE, RAMANATTUKARA, KOZHIKODE THALUK. 6. THE DISTRICT COLLECTOR, KOZHIKODE, COLLECTORATE, CIVIL STATION, KOZHIKODE- 673 020. 7. THE SUPERINTENDENT OF SURVEYS AND BOUNDARIES, KOZHIKODE DISTRICT, CIVIL STATION, KOZHIKODE. R1, R2, R6 & R7 BY GOVERNMENT PLEADER SRI. M.H. HANIL KUMAR, R3 & R4 BY ADVS. SRI.P.T.MOHANKUMAR, SRI.A.AHZAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.25342/2006-P: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE COMMUNITY CERTIFICATE DTD. 23/08/2005 ISSUED TO P.2. EXT.P.2. SERIES: COPY OF THE ELECTION IDENTITY CARDS ISSUED TO THE PETITIONERS DTD. 20/08/1998. (FOUR NUMBERS). EXT.P.3: COPY OF THE DOC.NO.617/1961 DTD. 23/02/1961 IN FAVOUR OF CHATHAN PREDECESSOR OF PETITIONERS. EXT.P.4: COPY OF THE PROPERTY TAX RECEIPT DTD. 19/08/2005 ISSUED TO THE PETITIONERS BY RAMANATTUKARA PANCHAYATH FOR HOUSE NO.4/76. EXT.P.5: COPY OF THE LAND TAX RECEIPT DTD. 23/06/2005 ISSUED TO PETITIONERS BY RAMANATTUKARA VILLAGE OFFICE. EXT.P.6: COPY OF THE PETITIONER'S REPRESENTATION DTD. 04/04/2006 TO TAHSILDAR, KOZHIKODE. EXT.P.7: COPY OF THE FORMAT APPLICATION BY P.1. FOR SURVEY FIXATION. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.25342 OF 2006 -------------------------------------------------- Dated this the 15th day of June 2011 JUDGMENT The petitioner has approached this Court with the following prayers: i) To issue a writ of mandamus or such other or further appropriate writ, order or directions commanding respondents 1,2,6 and 7 officials of the Government of Kerala and their subordinates to take necessary steps to fix the boundaries of the petitioners' property of 12 ½ cents admeasuring 16*9 ½ 6 feet koles comprised in survey 219 resurvey 338/2C part in Velipram Amsom and Desom, Kozhikode District by survey fixation of four lines, and instructing 2nd respondent to collect land tax from the petitioners for the entire property of 12 ½ cents hereafter. ii) To issue any other writ or appropriate directing as this Hon'ble Court deems fit in all the circumstances of the case. 2. The learned counsel for the petitioner submits that the petitioner will be satisfied, if a direction is given to the 7th respondent to consider Ext.P7 and pass appropriate orders thereon. The 7th respondent has filed a counter affidavit pointing out that Ext.P6 representation stated as preferred by the petitioner is still to be served to the concerned respondent, however, adding that, though the respondent has received Ext.P7 W.P.(C) No.25342/2006 2 application on 28-10-2006 and the Tahsildar directed to the applicant to remit the required fees, the petitioner did not pay any heed to the same and the fee is still to be remitted. Unless and until the requisite fee if remitted, the concerned respondent will not be in a position to have the matter considered and finalised, submits the learned Government Pleader. 3. In the above circumstances, there will be a direction to the 7th respondent to consider and pass appropriate order on Ext.P7 application, if the defect pointed out with regard to the satisfaction of the necessary fee is cured by the petitioner, within 'two weeks' from the date of receipt of a copy of this judgment. 4. The petitioner shall produce a copy of this judgment along with a copy of the Writ Petition before the 7th respondent for taking further steps. Writ Petition is disposed of. vdv P.R.RAMACHANDRA MENON, JUDGE