ACHANKUNJU Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The prayer in this writ petition are as follows:

(2.) According to the petitioner, his father was in possession of 58 cents of land under Sy.No. 312/1-390 and 31 cents in Sy. No. 312/1-316 thus coming to a total extent of 89 cents lying in Oommannoor Village, Kottarakkara Taluk, Kollam District. It is further stated that the petitioner's father was granted patta in respect of the said extent of 89 cents as per Ext.P1 patta dated 20/11/1967, issued by the Additional Tahasildar, kottarakkara. Ext.P2 land tax receipt dated 25/02/1983 was issued by the 5th respondent Village Officer. The property was therefore, duly mutated in his name as evident from Ext.P3 Tandaper account dated 07/01/1989 issued by the 5th respondent Village Office Valakam. Ext.P4 is the Mahazar dated 30/01/1961 prepared by the competent Revenue Official concerned in respect of the above said property.

(3.) It is stated that petitioner's father and mother are no more and the petitioner and his siblings have succeeded to the said property of their deceased father. The complaint of the petitioner is that after the re-survey, the total extent of the land was reduced by 20 cents and the petitioner was permitted to pay land tax only for the remaining extent of 69 cents as evident from Ext.P8 land tax receipt 20/04/2017. Thereupon, petitioner has filed Exts.P6 petition dated 01/02/2010 and P7 petition before the 1st respondent District Collector praying to take action to correct the above said mistakes and errors in the re-survey process so as to show that the entire extent of land is 89 cents and not 69 cents. Since no effective action was in force, petitioner has also filed Ext.P9 petition dated 31/12/2018 before the 1st respondent seeking the same relief for correction of mistakes in the re-survey process. In the meanwhile, the 4th respondent Tahasildar has issued Ext.P12 order dated 10/01/2019 that the Petitioners are in occupation of the above said 20 cents of Government Puramboke land as per re-survey records and that therefore, petitioner will have to vacate the said property as against Ext.P12 order. Petitioner has now filed Ext.P13 appeal before the 2nd respondent RDO along with Ext.P14 stay petition. Having regard to the facts and circumstances of this case, it is ordered that the 1st respondent District Collector will take up the request of the petitioner as laid out in Ext.P6, P7 and P9 seeking correction of the alleged mistakes and errors in the re-survey process and will ensure that a survey and measurement is got conducted by the Taluk Surveyor or any other surveyor to ascertain as to whether there has been any mistakes or errors in the re-survey process in reducing the extent of the land by 20 cents and such survey and measurement should be got done with due prior notice to the petitioner and the surveyor will, on the basis of documents of the petitioner like Ext.P1 patta, old survey records, re-survey records etc, give a comprehensive report as to whether there has been any mistakes in the resurvey process in reducing the extent of land by 20 cents along with survey sketch and copies of the report and survey sketch of the the surveyor should be given to the petitioner in advance and petitioner may submit his written submissions on the matter before the 1st respondent District Collector, who thereafter will afford a reasonable opportunity of being heard to the petitioner and then will pass final orders on the request of the petitioner for correction of alleged mistakes in the re-survey process. In this regard, the 1st respondent will treat the above said applications as per Exts.P6, P7 and P9 as Revision Petition filed under Sec. 13A, Kerala Survey and Boundaries Act, 1961 for correction of the alleged mistakes in the re-survey records etc. The entire process in this regard should be duly completed by the 1st respondent without much delay preferably within a period of 3 months from the date of production of a certified copy of this judgment. Until final orders are passed by the 1st respondent District Collector on the above said revisional proceedings, all further action pursuant to impugned Ext. P12 order will be kept in abeyance. If the 1st respondent issues favorable orders to the petitioner in the above said revisional proceedings, then the impugned Ext.P12 order will stand modified to that extent. Since Exts.P6 and P7 has been filed some time back, in the year 2010, it is quite likely that those petitions may not be immediately traceable in the files of the 1st respondent. Therefore, petitioner would ensure that a fresh and formal revision petition under Sec. 13A of the Kerala Survey and Boundaries Act is filed before the 1st respondent delineating his complaints and grievances and the reliefs sought therein and the said Revision Petition may be filed by the petitioner along with a certified copy of the judgment within 2 weeks from the date notified for receiving a certified copy of this judgment.