W.P.(C).No.18039 of 2022 1 2025:KER:30477 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO. 18039 OF 2022 PETITIONER: VENUGOPALAN,AGED 65 YEARS S/O. LATE KRISHNAN, KANNANPARAMBIL HOUSE, KARIMPUZHA P.O, OTTAPALAM TALUK, PALAKKAD DISTRICT - 679513. BY ADV P.JAYARAM RESPONDENTS: 1 THE DISTRICT COLLECTOR,CIVIL STATION, PALAKKAD - 678001. 2 THE TAHSILDAR (LAND RECORDS),TALUK OFFICE, R.S ROAD, P.O. OTTAPALAM, PALAKKAD DISTRICT - 679101. 3 THE VILLAGE OFFICER, KARIMPUZHA - I VILLAGE OFFICE, P.O. KARIMPUZHA, PALAKKAD DISTRICT - 679513. 4 STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001. 5 ADDL.R5: THE REVENUE DIVISIONAL OFFICER, OTTAPALAM, PALAKKAD DISTRICT ADDL.R5 IS SUO MOTU IMPLEADED AS PER ORDER DATED 08.04.2025 IN WP(C) 18039/2022 OTHER PRESENT: GP- RIYAL DEVASSY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.18039 of 2022 2 2025:KER:30477 VIJU ABRAHAM, J. -------------------- W.P.(C).No.18039 of 2022 -------------------------------- Dated this the 8h day of April, 2025 JUDGMENT The petitioner has approached this Court challenging Ext.P1 order. 2. The case of the petitioner is as follows: He is holding actual possession and absolute ownership over the land bearing Block No.71, Resurvey No.405/2 in Karimpuzha-1 Village. The earlier Survey number of the property was 22/1. It is contended by the petitioner that the property now actually possessed by the petitioner is 63.9 ares (156.555 cents) which is within well defined boundaries. The property was gifted to the petitioner by his father as per Ext.P3 gift deed and the extent of the property shown in the gift deed was 93 cents. The petitioner's father had obtained a Purchase Certificate in respect of the W.P.(C).No.18039 of 2022 3 2025:KER:30477 said land as per Ext.P2 which also show that the extent of land is 93 cents. In the Re-survey proceedings, it was revealed that the property gifted to the petitioner by his father has an actual extent of 156.555 cents, but the Revenue authorities refused to acknowledge the same and they divided the resurvey No.405/2 to two sub divisions ie., 405/2 and 405/40 and they have maintained the property found in excess by the records, 26.27 ares, in the name of the petitioner's father in Re-survey No.405/2 and the rest of the property, 37.63 ares, covered by the gift deed under Sub Division No.405/40 in petitioner's name. The action on the respondents is absolutely illegal and arbitrary and the entire property found to be possessed by the petitioner is legally liable to be shown under petitioner's ownership in the basic tax register. It is aggrieved by the same that the present writ petition has been filed. W.P.(C).No.18039 of 2022 4 2025:KER:30477 3. A detailed counter affidavit has been filed by the 2nd respondent refuting the clams made in the writ petition. The learned Government Pleader upon instructions submitted that against Ext.P1 order the petitioner has an alternate remedy of filing an appeal before the additional 5th respondent, Revenue Divisional Officer. 4. Considering the above facts and circumstances and taking into consideration the fact that the petitioner has an effective alternate remedy of filing an appeal before the RDO, I am inclined to dispose of the writ petition as follows: The petitioner shall file an appeal before the additional 5th respondent RDO, within a period of one month from the date of receipt of a copy of the judgment. If an appeal is filed within a period of one month, the same shall be treated to have been filed within time. If an appeal is preferred as directed above, the additional 5th W.P.(C).No.18039 of 2022 5 2025:KER:30477 respondent shall consider and pass orders on the same after affording an opportunity of being heard to the petitioner, within a period of two months thereafter. Sd/- VIJU ABRAHAM,JUDGE pm W.P.(C).No.18039 of 2022 6 2025:KER:30477 APPENDIX OF WP(C) 18039/2022 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER/PROCEEDINGS DATED 15.07.2021 ISSUED BY THE TAHSILDAR( LAND RECORDS), OTTAPALAM DISSECTING THE POSSESSED BY THE PETITIONER INTO TWO RE- SURVEY NUMBERS 405/2 AND 405/40 ALONG WITH SUB DIVISION SKETCH AND THE BASIC TAX REGISTER. Exhibit P2 TRUE COPY OF THE PURCHASE CERTIFICATE NO. 1648/1977 DATED 13.07.1977 ISSUED IN THE NAME OF KANNANPARAMBIL KRISHNAN, PETITIONER'S FATHER, WITH RESPECT TO THE PROPERTY NOW POSSESSED BY THE PETITIONER. Exhibit P3 TRUE COPY OF THE GIFT DEED NO. 3753/1983, S.R.O MANARKKAD, WHEREBY PROPERTY POSSESSED BY THE PETITIONER WAS GIFTED TO THE PETITIONER BY HIS FATHER LATE KRISHNAN.