2025:KER:26519 WP(C) NO. 20700 OF 2024 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 20700 OF 2024 PETITIONER: ELIZHABETH PETER AGED 72 YEARS D/O. ANDREW AUSTIN, NO:19 VRINDHAVAN, SUBHASH CHANDRA BOSE ROAD, CHETTICHIRA, VYTILLA, KOCHI, ERNAKULAM DISTRICT, PIN - 682019 BY ADVS. A.T.ANILKUMAR V.SHYLAJA RESPONDENTS: 1 THE DISTRICT COLLECTOR KOLLAM DISTRICT, CIVIL STATION, KOLLAM DISTRICT, PIN - 691013 2 THE TAHASILDHAR[LR] KOLLAM TALUK, CIVIL STATION, KOLLAM DISTRICT,, PIN - 691013 SRI. RAJEEV JYOTHISH GEORGE, GOVT.PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26519 WP(C) NO. 20700 OF 2024 2 T.R. RAVI, J. -------------------------------------------- W.P.(C). No.20700 of 2024 -------------------------------------------- Dated this the 27th day of March, 2025 JUDGMENT The petitioner has approached this Court praying to quash Ext.P8 and for a direction to the respondents to take speedy and effective steps to include 41 Cents of property in old Survey No.11072 of Sakthikulangara Village in the name of the legal heirs of late Andrew Austin and correct the mistakes in the re-survey proceedings. The petitioner had approached this Court earlier by filing WP(C) No.16285/2022, wherein this Court had issued a direction to the Tahsildar (Land Records) to take up and dispose of Ext.P3 application after hearing the petitioner. An order was passed as Ext.P6 pursuant to the judgment. Ext.P6 order also did not answer the question regarding the property situated in old Survey No.11072 of an extent of 41 Cents, regarding which the petitioner had a grievance. The petitioner again approached this Court by filing WP(C) No.37455/2022, which was disposed of by Ext.P7 judgment. This Court specifically took note of the fact that the grievance of the petitioner is regarding Survey No.11072 and the 2025:KER:26519 WP(C) NO. 20700 OF 2024 3 basis of his contention is Exts.P1 to P3. This Court directed reconsideration of the issue with specific reference to Exts.P1 to P3. It is thereafter that Ext.P8 is issued. In Ext.P8, even though in paragraph 1 survey number 11072 is referred, the order does not specifically deal with the manner in which properties which were part of 11072 and belonging to the petitioner (41 Cents) as per Exts.P1 to P3, were lost from the petitioner's account. All that is stated is that the corresponding Survey No.11072 is Survey No.16/1 over which certain other persons have right. However, no records relating to the said persons are either put to the petitioner or stated in Ext.P8. The order Ext.P8 is far from satisfactory and is not an order passed as directed by this Court. In the result, this writ petition is allowed. Ext.P8 is set aside. There will be a direction to the 2nd respondent to reconsider the issue and pass fresh orders on merits clearly dealing with Survey Number No.11072 of Sakthikulangara Village and the 41 Cents covered by Exts.P1 to P3 and due reference to other documents which have been produced by the petitioner along with this writ petition. The order shall be passed after hearing the petitioner and after due enquiry, at the earliest, at any rate within three months 2025:KER:26519 WP(C) NO. 20700 OF 2024 4 from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the 2nd respondent for necessary compliance. Sd/- T.R. RAVI JUDGE Pn 2025:KER:26519 WP(C) NO. 20700 OF 2024 5 APPENDIX OF WP(C) 20700/2024 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE PATTAYAM BEARING NO.19732 ISSUED IN FAVOR OF WILFRED AUSTIN IN RESPECT OF 29 CENTS OF PROPERTY DATED 28.02.1964 Exhibit P2 TRUE COPY OF THE TAX RECEIPT SHOWING THE PAYMENT OF LAND TAX IN RESPECT OF 41 CENTS OF PROPERTY IN THE NAME OF FATHER OF THE PETITIONER DATED 29.03.1978 Exhibit P3 TRUE COPY OF THE THANDAPER REGISTER NO. 19731 IN RESPECT OF 12 CENTS OF PROPERTY Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 18.04.2022. Exhibit P5 TRUE COPY OF THE JUDGMENT IN W.P[C].NO.16285/2022 DATED 27.05.2022 Exhibit P6 TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 15.10.2022. Exhibit p7 TRUE COPY OF THE JUDGMENT IN W.P[C].NO.37455/22 DATED 23-1-2024 Exhibit P8 TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 21-3-2024. Exhibit P9 THE TRUE COPY OF THE JUDGMENT IN O.S.NO.597/1980 OF MUNSIFFS COURT, QUILON DATED 22/3/1989