SOMANATHAN Vs. THE DISTRICT COLLECTOR

JUDGEMENT

(1.) The prayers in this Writ Petition (Civil) are as follows:

(2.) Heard Sri. A. Jani, the learned counsel appearing for the petitioners and Sri. M.R. Dhanil, the learned Government Pleader appearing for the respondents.

(3.) According to the petitioners, they are absolute title holders in possession of an extent of 14.75 cents of property comprised in old survey No.10536/26 of Kollam east Village, Kollam Taluk, Kollam Revenue District as evident form Ext.P1 sale deed NO.426/1980 dated 11.2.1988 of SRO Kollam and Ext.P2 basic tax receipt dated 30.3.1988 issued by the 7th respondent Village Officer. Further that Ext.P3 encumbrance certificate dated 12.4.2017 issued by the Sub Registrar concerned would show clearly that the property presently comprised in Re-survey No.1, in Block No.15 and that no voluntary transfer of revenue registry or Revenue sale or succession has been effected in respect of that property. The complaint of the petitioner is that still as per Ext.P4 Thandapper account extract, it is shown that the aforesaid property has been transferred to the thandapper account of a third person on the basis of a alleged decision in survey adalath, S.A.No.13/1999 dated 22.7.1999 of Head Surveyor III, ALC No.5, Re-survey, Kollam. That the petitioners' consistent enquiry has revealed that the aforesaid survey office is not longer in existence and the petitioners had approached the various authorities to get a copy of the alleged order in Survey adalath S.A.No.13/1999 of dated 22.7.1999 which is mentioned in Ext.P4 thandaper account and such attempts have been fully in vain. The 5th respondent Assistant Director (RE-survey), by Ext.P6 letter dated 22.11.2017, has informed that the said resurvey office ALC No.5 has been abolished and the records are handed over to the 4th respondent District Survey Office. Further the 4th respondent District Survey Superintendent Office in turn has informed as per Ext.P7 letter dated 19.12.2017 that no such records are available with that respondent. Still further the 6th respondent Central Survey Office has informed vide Ext.P8 letter dated 5.2.2018 that the alleged file is no longer available with them and it could be with the RE-survey Office, Punalur. The petitioners made fervent enquiry with the Re- survey Office, Punalur and the said officials had informed that no such file is available with them.