M J THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) Aggrieved by the action resulting in Ext.P8, the petitioner has filed this writ petition. He is the owner of an extent of 37 cents of land in survey Nos.94/2, 94/3-3, 94/3-4 and 94/2A8 of Thrikkakkara South Village, Kanayannur taluk. He purchased the property as per Ext.P1 sale deed No.693/85 of the Thrikkakkara Sub Registrar's office. It is pointed out that he is in absolute possession and enjoyment of the property, which is having well demarcated boundary also. The petitioner has been remitting land tax also. While so, a re-survey was conducted, wherein the extent of the property owned by the petitioner is short by 22 cents, and further an extent of 10 cents of land covered by Ext.P1 sale deed was shown as Government puramboke. A new sub division was also provided. The petitioner thereafter moved the 3rd respondent to rectify the mistake. Finally, in the survey adalath, proceedings were issued, according to the petitioner, by correcting the mistake, a copy of which is produced as Ext.P3. The correction was duly notified and changes were made in the Village Office and in the Registrar's Office also. Thereafter the petitioner has been paying the land tax regularly.

(2.) Alleging that the petitioner has been in possession of Puramboke land, one Mr.M.A.Shaffi, who is stated to be the brother of the additional 5th respondent, had filed a petition before the authorities. Apart from that there were two civil cases, O.S.38/05 & O.S.32/05 between the parties before the Munsiff Court, Ernakulam. WP(C) No. 9228/2005 was filed by the said person before this Court styling himself as the Convener of the Janakeeya Samithi and as a Public Interest Litigation, which was disposed of by Ext.P6 judgment, wherein this Court refused to intervene in the matter.

(3.) Four years thereafter, the petitioner was served with Ext.P7 notice by the Taluk Surveyor proposing to conduct a survey and measurement of the property. It is pointed out that the survey did not take place. Ext.P8 is a copy of the letter sent by the Additional Tahsildar of the Taluk Office, Kanayannur, to the Asst. Director of Survey, Thrikkakara forwarding a copy of the complaint filed by the additional 5th respondent, judgment of this Court etc. Ext.P8 is under challenge in this writ petition.