VARGHESE Vs. ADDITIONAL TAHSILDAR-KANJIRAPPALLY

JUDGEMENT

(1.) .......

(2.) PETITIONER complains that his property having an extent of 44.51 Ares in Sy. No. 230/22 covered by the Sale Deed No. 3846/90 and 14.97 Ares in Sy. No. 230/22 covered by the Sale Deed No. 4550/92 produced as Ext. P1 and P2 was not referred in the re -survey plan which was under taken by the Survey Department during the re -survey proceedings. It is the case of the petitioner that when he approached the Revenue Authorities for effecting mutation of the property it was not permitted on the ground that his property does not find a place as per re -survey records. Therefore, when an Adalath was proclaimed by the Government for deciding disputes in relation to re -survey matters, the petitioner filed an application to measure and demarcate his property and correct the re -survey plan prepared by the survey department. It is the case of the petitioner that though the matter was referred to the 1st respondent, no action was seen taken. But when he applied under the Right to Information Act, he was supplied with a copy of the report prepared by the Thahsildar as Ext. P7. From Ext. P7 it is seen that though the property was measured and demarcated when notice was issued to the neighbouring land owners, they raised certain disputes and therefore it was mentioned that the authority was not in a position to finalise the survey and therefore nothing can be done in the matter. Ext. P8 is an order issued by the Thahsildar stating that since there is dispute with reference to the above property, the Adalath cannot prepare any document in relating to the same. Learned Counsel for the petitioner laid reliance upon Section 10 and 11 of the Kerala Survey and Boundaries Act, 1961 which reads as under: -

(3.) SEC . 11 gives an opportunity to any person aggrieved, to file an appeal against such a survey being done by the Survey Officer.