High Court of KeralaWP(C)/27076/2015disposed of

Baby Abraham v. The Tahsildar, Devikulam

2015-12-10Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 10TH DAY OF DECEMBER 2015/19TH AGRAHAYANA, 1937 WP(C).No. 27076 of 2015 (H) ---------------------------------------- PETITIONER(S):

----------------------- BABY ABRAHAM, AGED 45 YEARS, S/O ABRAHAM, KOONIMAVUNKAL HOUSE, VELLATHOOVAL POST & VILLAGE, ADIMALY, IDUKKI DISTRICT. BY ADV. SRI.S.JIJI RESPONDENT(S):

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

1. THE SPECIAL TAHSILDAR (LA), DEVIKULAM TALUK OFFICE, DEVIKULAM - 685 513.

2. THE VILLAGE OFFICER, VELLATHOOVAL VILLAGE OFFICE, VELLATHOOVAL, IDUKKI-685 563.

* ADDITIONAL R3 IMPLEADED

3. THE DISTRICT COLLECTOR, IDUKKI.

* SUO MOTU IMPLEADED AS ADDITIONAL R3 AS PER JUDGMENT DTD.10.12.2015. BY SPECIAL GOVERNMENT PLEADER SMT.SUSHEELA R.BHAT THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 27076 of 2015 (H) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1: TRUE COPY OF THE PATTA NO. 14615 ISSUED AS PER ORDER IN LA NO. 7/95 BY THE SPECIAL THAHASILDAR (LA) DEVILULAM.

EXT.P2: TRUE COPY OF THE PATTA NO. 14614 ISSUED AS PER ORDER IN LA NO. 5/95 BY THE SPECIAL THAHASILDAR (LA) DEVILULAM.

EXT.P3: TRUE COPY OF THE B.T. RECEPIT DT. 10/10/12. EXT.P4: TRUE COPY OF THE B.T. RECEPIT DT. 17/4/15. EXT.P5: TRUE COPY OF THE B.T.R. OF THE PROPERTIES. EXT.P6: TRUE COPY OF THE THANDAPPER REGISTER OF THE PROPERTIES. EXT.P7: TRUE COPY OF THE REPORTS OF THE 2ND RESPONDENT IN RESPECT OF FILE NO. 12345.

EXT.P8: TRUE COPY OF THE REPORTS OF THE 2ND RESPONDENT IN RESPECT OF FILE NO. 12346 RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.27076 of 2015 ****************************************************************************** Dated this the 10th day of December, 2015

JUDGMENT

The petitioner claims to be the owner and in absolute possession and enjoyment of two plots of property in Re-survey No.18/1, 18/5 and 18/6 in Vellathooval Village. The petitioner claims title to his property by the proceedings in L.A. Case No.7/95 and L.A. 5/95. The petitioner submits that after the resurvey, there were certain mistakes in Basic Tax Register and Thandapper Register of the properties. It is submitted that instead of 'Purayidam', it is recorded as 'Tharisu'. The petitioner approached the Special Tahsildar to correct the records. It is on account of non consideration of petitioner's request, he has approached this Court.

This Court is of the view that the petitioner's request shall be considered by the District Collector. This shall be done within a period of three months. The District Collector is suo motu impleaded as additional third respondent after issuing notice to the petitioner. The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln