CHERIYANAD GRAMA PANCHAYATH Vs. STATE OF KERALA

JUDGEMENT

(1.) Whether Section 14 of the Kerala Survey and Boundaries Act, 1961 (hereinafter referred to as 'the Act') would attract in a suit for rectification of mistake crept in the resurvey plan is the question essentially came up for consideration in this appeal.

(2.) A suit for declaration of title, recovery of possession and mandatory injunction to rectify the resurvey was dismissed by both the trial court and the first appellate court, against which the plaintiff came up with this appeal. The dispute is with respect to 25 cents of property belonged to the Panchayath, the plaintiff. The 4 defendant claimed 36 cents of property lying adjoining with the plaint schedule based on a family partition and it forms part of a large extent of 2 acre 36 cents. As per resurvey, its extent is only 31 cents.

(3.) One of the reliefs sought by the plaintiff is to rectify the mistake crept in the resurvey plan in respect of the plaint schedule property. Though a survey commission was issued, they could not identify the property based on the document of title due to the non-availability of old survey records. Attempts made by the plaintiff to obtain a certified copy of old survey records also not served the purpose. Earlier this court had issued a survey commission, who in turn submitted mahazar, plan and report, but the surveyor could not locate the property due to the non-availability of old survey records. This court hence issued a direction to the survey authorities and in compliance of the said direction, Exts.R1(a) to R1(e) documents, the copies of old survey plan, Litho plan and other connected records, were produced.