K.S.Sreejith vs State of Kerala

Type Court Judgment Court Kerala Decided Mar 23, 2020

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Citation: sooperkanoon.com/1755044
Court: Kerala High Court
Judge: Honourable Mr. Justice a.Muhamed Mustaque
Decided On: Mar 23, 2020
Case Number: WP(C)/7044/2020

Parties & Advocates

Appellant / Petitioner

K.S.Sreejith

Respondent

State of Kerala

Excerpt

.....has now been reduced to 29.00 ares. he states that it is on account of mistakes in resurvey. the petitioner has approached respondents 2 to 4 to rectify the mistakes in resurvey vide exts.p3, p4, p12 and p13 representations. having considered the facts and circumstances, it is appropriate, respondents 2 to 4 to take necessary action on the representations submitted by the petitioner within a period of six months after notice to the petitioner. the writ petition is disposed of as above. sd/- a.muhamed mustaque judge ln wp(c).no.7044/2020 3 appendix petitioner's/s exhibits: exhibit p1 true copy of the sale deed no. 1890/2008 dated 28-08-2008 executed between the petitioner and his wife and aforesaid fr. justus of the sub registrar office, amaravila.exhibit p2 true copy of the land tax receipt no. d. 2533576 dated 30-09-2008 issued by the 5th respondent. exhibit p3 true copy of the representation of the petitioner dated 28-10-2013 before the 3rd respondent. exhibit p4 true copy of the representation dated 09-03-2014 submitted by the petitioner before the 4th exhibit p5 true copy of the from no. 6 notice issued by the5th respondent without addressing the petitioner and without mentioning the date of site visit obtained by the petitioner under right to information act.exhibit p6 true copy of the letter no. 7/38343/11 dated 01- 03-2014 issued by the 4th respondent to 3rd exhibit p7 true copy of the report of resurvey in 37/4,13 of block 41 sent by the 4th respondent to 3rd respondent along with exhibit p-6 letter. exhibit p8 true copy of the btr showing the previous land area of 30.80 ares sent by the 4th respondent to 3rd respondent along with exhibit p-6 letter. exhibit p9 true copy of the form no. 7 showing the revised land area to 29.40 ares sent by the 4th respondent to 3rd respondent along with exhibit p-6 letter. exhibit p10 true copy of the revised land sketch of file no. the 4th respondent to 3rd respondent along with exhibit -p6 letter. exhibit p11 true.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 23RD DAY OF MARCH 2020 / 3RD CHAITHRA, 1942 WP(C).No.7044 OF 2020(E) PETITIONER/S: K.S.SREEJITH, AGED 40 YEARS, S/O. KAMALAN NADAR, ASHIR BHAVAN, PLAMMUTTUKADA P.O, ERICHALLOR DESOM, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT, PIN- 695 128. BY ADVS. SMT.I.SHEELA DEVI SHRI.PRADEEP BABU P.D. RESPONDENT/S: 1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2 THE DISTRICT COLLECTOR, 2ND FLOOR, CIVIL STATION BUILDINGS, CIVIL STATION ROAD, KUDAPPANAKUNNU, THIRUVANANTHAPURAM-695 043. 3 THE DISTRICT SURVEY SUPERINTENDANT, OFFICE OF THE SURVEY SUPEERINTENDENT, CIVIL STATION BUILDING, KUDAPPANAKUNNU, THIRUVANANTHAPURAM-695 043. 4 THE ADDITIONAL TAHSILDAR, TALUK OFFICE, NEYYATTINKARA, THIRUVANANTHAPURAM, PIN-695 121. 5 THE VILLAGE OFFICER, KOLLAYIL VILLAGE OFFICE, SWADESHABHIMANI NAGAR, NEYYATTINKARA, THIRUVANANTHAPURAM, PIN-695 121. BY SENIOR GOVERNMENT PLEADER, SRI.S.GOPINATHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.7044/2020 2

JUDGMENT

Dated this the 23rd day of March, 2020 The petitioner along with his wife purchased a property having an extent of 30.80 Ares as per Sale Deed No.1890/2008 of the Sub Registrar Office, Amaravila from Fr.Justus, CSI Mission House, S/o.Arumanaykam, J.S.Bhavan, Kuttarathalackal, Kollayil Village as per Ext.P1. The petitioner claims that he has remitted tax in respect of the property. His present grievance is that the extent of the property has now been reduced to 29.00 Ares. He states that it is on account of mistakes in resurvey. The petitioner has approached respondents 2 to 4 to rectify the mistakes in resurvey vide Exts.P3, P4, P12 and P13 representations. Having considered the facts and circumstances, it is appropriate, respondents 2 to 4 to take necessary action on the representations submitted by the petitioner within a period of six months after notice to the petitioner. The writ petition is disposed of as above. Sd/- A.MUHAMED MUSTAQUE JUDGE ln WP(C).No.7044/2020 3 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE SALE DEED NO. 1890/2008 DATED 28-

08-2008 EXECUTED BETWEEN THE PETITIONER AND HIS WIFE AND AFORESAID FR. JUSTUS OF THE SUB REGISTRAR OFFICE, AMARAVILA.

EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT NO. D. 2533576 DATED 30-09-2008 ISSUED BY THE 5TH RESPONDENT. EXHIBIT P3 TRUE COPY OF THE REPRESENTATION OF THE PETITIONER DATED 28-10-2013 BEFORE THE 3RD RESPONDENT. EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 09-03-2014 SUBMITTED BY THE PETITIONER BEFORE THE 4TH EXHIBIT P5 TRUE COPY OF THE FROM NO. 6 NOTICE ISSUED BY THE

5TH RESPONDENT WITHOUT ADDRESSING THE PETITIONER AND WITHOUT MENTIONING THE DATE OF SITE VISIT OBTAINED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT.

EXHIBIT P6 TRUE COPY OF THE LETTER NO. 7/38343/11 DATED 01- 03-2014 ISSUED BY THE 4TH RESPONDENT TO 3RD EXHIBIT P7 TRUE COPY OF THE REPORT OF RESURVEY IN 37/4,13 OF BLOCK 41 SENT BY THE 4TH RESPONDENT TO 3RD RESPONDENT ALONG WITH EXHIBIT P-6 LETTER. EXHIBIT P8 TRUE COPY OF THE BTR SHOWING THE PREVIOUS LAND AREA OF 30.80 ARES SENT BY THE 4TH RESPONDENT TO 3RD RESPONDENT ALONG WITH EXHIBIT P-6 LETTER. EXHIBIT P9 TRUE COPY OF THE FORM NO. 7 SHOWING THE REVISED LAND AREA TO 29.40 ARES SENT BY THE 4TH RESPONDENT TO 3RD RESPONDENT ALONG WITH EXHIBIT P-6 LETTER. EXHIBIT P10 TRUE COPY OF THE REVISED LAND SKETCH OF FILE NO. THE 4TH RESPONDENT TO 3RD RESPONDENT ALONG WITH EXHIBIT -P6 LETTER. EXHIBIT P11 TRUE COPY OF THE REPLY NO. H5/10982/19/LDIS DATED

25-07-2019 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER, OFFICE OF THE 4TH RESPONDENT TO THE PETITIONER. WP(C).No.7044/2020 4 EXHIBIT P12 TRUE COPY OF THE APPEAL DATED 29-07-2019 SUBMITTED BY THE PETITIONER BEFORE THE TAHSILDAR, NEYYATTINKARA. EXHIBIT P13 TRUE COPY OF THE REPRESENTATION DATED 29-08-2019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENTS EXHIBITS:NIL. //TRUE COPY// P.A.TO JUDGE

Same Court & Year Kerala · 2020 Same Parties K.S.Sreejith vs State of Kerala Same Judge Honourable Mr. Justice a.Muhamed Mustaque