IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 31ST JANUARY 2011 / 11TH MAGHA 1932 WP(C).No. 1380 of 2010(V) --------------------------------------- PETITIONER(S): ----------------------- P.S.NARAYANAN, S/O. LATE PADMANABHAN, AGED 82, EDAVILAKATHU HOUSE, ARUMANOOR, THIRUPURAM NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SMT.I.SHEELA DEVI RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. JOINT DIRECTOR OF SURVEY AND LAND RECORDS, COLLECTORATE, THIRUVANANTHAPURAM. 3. SUPERINTENDENT OF SURVEY, OFFICE OF THE SUPERINTENDENT OF RE-SURVEY, NEYYATTINKARA. 4. VILLAGE OFFICER, THIRUPURAM, NEYYATTINKARA. *ADDL. 5TH RESPONDENT IMPLEADED 5. THE ADDL. TAHSLDAR, NEYYATTINKARA IS SUO MOTU IMPLEADED AS ADDL. 5TH RESPONDENT VIDE JUDGMENT DTD. 31.1.2011. BY GOVT. PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.1380 Of 2010 ----------------------------------------------------- DATED THIS THE 31st DAY OF JANUARY, 2011 J U D G M E N T The Writ Petition was disposed of by judgment dated 1.2.2010. Alleging non-compliance of the direction in the judgment, the petitioner approached this Court by filing COC.No.805/10. At that stage, the respondents took up the contention that the files have been transferred to the Tahsildar, who is the competent authority in the matter. Review Petition No.51/11 filed by the respondents in the Writ Petition was allowed by a separate order today. 2. The main prayer in the writ petition is for a direction to the third respondent to dispose of Ext.P6 representation in the light of Exts.P3, P4 and P5, within a reasonable time. The third respondent is the Superintendent of Survey, Office of the Superintendent of Re-survey, Neyyattinkara. In the judgment dated 1.2.2010, appropriate direction was also issued. In the light of the order passed in R.P. No.51/2011, the Additional Tahsildar, Neyyattinkara is suo motu impleaded as additional fifth respondent. W.P.(C)No.1380/10 -2- 3. The petitioner claims to be the owner in possession of 42 cents of land in old Survey No.306/1 under sub divisions 88 and 89 and in Resurvey No.213/3 in Block 19 in Thirupuram Village. The said property was assigned to him as per the settlement deed No.6030/1968 of SRO, Neyyattinkara. It is stated that in the resurvey, the said properties were included as puramboke by subdividing it as 213/3. It is the case of the petitioner that the petitioner along with the other parties in the settlement deed, approached the third respondent and the mistakes were cured. 4. On finding that the mistakes in the resurvey records have not been rectified so far, he filed Ext.P6 representation before the third respondent requesting to dispose of the same in the light of Exts.P3 to P5. After failing to get any reply, the petitioner has filed this writ petition. 5. Learned Govt. Pleader on instructions, submitted that Ext.P6 was actually received on 27.7.2009. Information was passed on to the petitioner to produce the documents relied upon by her. But there has not been any response from the petitioner so far. Learned counsel for the petitioner submitted W.P.(C)No.1380/10 -3- that the petitioner will produce all the documents relied upon by him, before the additional fifth respondent. 2. Heard parties. The additional 5th respondent before whom the files have been transferred by the Superintendent of Survey will conduct due enquiry in the matter, after hearing the petitioner and any other parties and appropriate action will be taken in accordance with law expeditiously, at any rate, within a period of two months from the date of production of a copy of this judgment. The Additional Tahsildar will consider the effect of Rule 14 of Transfer of Registry Rules, while taking a decision in the matter. The writ petition is disposed of as above. No costs. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE) dsn True copy P.A.to Judge