K.D.Thomas v. Superintendent Of Survey

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 15TH DAY OF SEPTEMBER 2015/24TH BHADRA, 1937 WP(C).No. 25451 of 2015 (F) ---------------------------- PETITIONER(S):

-------------------------- K.D. THOMAS, S/O. LATE DEVASSY, AGED 78 YEARS, KALLUR HOUSE, MEENACHIL TALUK, KONDOOR VILLAGE AND P.O., KOTTAYAM DISTRICT.

(REPRESENTED BY HIS POWER OR ATTORNEY HOLDER K.I. JOSEPH, S/O. LATE ITTIYVIRA, AGED 72 YEARS, KALLUR HOUSE, VENGANALLUR VILLAGE, VENGANALLUR P.O., THALAPPILLY TALUK, THRISSUR DISTRICT - 680 623) BY ADVS.SRI.SHOBY K.FRANCIS, SMT.MISHAL M.DASAN.

RESPONDENT(S):

----------------------------

1. SUPERINTENDENT OF SURVEY AND LAND RECORDS (RE-SURVEY), OFFICE OF THE RE-SURVEY SUPERINTENDENT, COLLECTORATE, THRISSUR DISTRICT - 680 003.

2. TAHSILDAR, TALAPPILLY TALUK, TALUK OFFICE, WADAKKANCHERY P.O., THRISSUR - 680 582.

3. ADDITIONAL TAHSILDAR, TALAPILLY TALUK, TALUK OFFICE, WADAKKANCHERY P.O., THRISSUR - 680 582.

4. VILLAGE OFFICER, VENGANALLUR VILLAGE, VENGANALLUR P.O., THRISSUR DISTRICT - 680 611.

BY GOVT. PLEADER SMT.C.K. SHERIN.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 25451 of 2015 (F) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT-P1TRUE COPY OF THE REGISTERED TITLE DEED NO. 638 OF 1964 OF SRO, CHALAKKARA DATED 29/08/1964.

EXHIBIT-P2TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR SURVEY, MEASUREMENT AND IDENTIFICATION OF THE PROPERTY DATED 30/03/2012.

EXHIBIT-P3TRUE COPY OF THE COMMUNICATION DATED 20/10/2012 IN C2-3472/12 ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT. EXHIBIT-P4TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER ON 14/08/2012 FOR ACCEPTING THE BASIC TAX.

EXHIBIT-P5TRUE COPY OF THE JUDGMENT IN WP(C).NO.30882/2012 DATED 20/12/2012.

EXHIBIT-P6TRUE COPY OF THE ROUGH SKETCH PREPARED BY THE TALUK SURVEYOR HANDED OVER TO THE PETITIONER.

EXHIBIT-P7TRUE COPY OF THE COMPLAINT DATED 21/02/2015 SUBMITTED TO THE 3RD RESPONDENT.

RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.A. TO JUDGE rs.

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.25451 of 2015 ****************************************************************************** Dated this the 15th day of September, 2015

JUDGMENT

The petitioner is the owner and in possession of 8 acres and 60 cents of land comprised in Survey Nos.1087 and 1088 of Venganelloor Village. He approached this Court for seeking a direction to the respondents to accept basic tax in respect of the property and also allot separate Sub Division numbers to the property held by the petitioner as per Ext.P1 title deed. 2.

The petitioner submits that survey of the property has been completed based on Ext.P5 judgment and Ext.P6 sketch was prepared. He submits that based on Ext.P6, separate Sub Division number has to be allotted.

In that view of the matter, there shall be a direction to the third respondent to take necessary action after adverting to Ext.P6 to assign Sub Division numbers. Needful shall be done within two months from the date of receipt of a copy of this judgment. Based on the decision, basic tax shall be accepted from the petitioner. Sd/- A.MUHAMED MUSTAQUE, JUDGE ln