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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY, THE 28TH DAY OF JANUARY 2020 / 8TH MAGHA, 1941
WP(C).No.11566 OF 2019(U)
PETITIONER/S:
SUBHADRA THAMPURAN, AGED 81 YEARS, W/O LATE
K.S.N.NAMBOOTHIRIPAD, KERALA VILASAM PALACE, PALACE
NO.8, THRIPUNITHURA, ERNAKULAM DISTRICT-682301.
BY ADVS.
SRI.P.K.SOYUZ
SRI.E.V.BABYCHAN
RESPONDENT/S:
1 THE TAHSILDAR (LR), TALUK OFFICE, KANAYANNOOR TALUK,
ERNAKULAM DISTRICT, KOCHI, PIN-682011.
2 THE VILLAGE OFFICER, NADAMA VILLAGE,
THRIPUNITHURA.P.O, ERNAKULAM DISTRICT,PIN-682301.
BY SENIOR GOVERNMENT PLEADER, SRI.S.GOPINATHAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2020:KER:5313
WP(C).No.11566/2019 2
JUDGMENT
Dated this the 28th day of January 2020
The petitioner is the owner of a landed property
bounded by boundary walls on all sides. The said property
is comprised in re-survey No.46 Block No.272 of Nadama
Village, Kanayannoor Taluk.
2. After the survey and measurement, the actual extent
of the property was found to be 11.56 ares instead of 8.39
ares, as recorded in all revenue records. After the re-
survey, total extent of the land is shown as 11.56 Ares.
3. However, basic tax is being accepted from the
petitioner only in respect of 8.39 ares. The petitioner,
placing reliance on Exts.P8 and P9, would argue that in the
absence of any claim by the Government or third parties,
the Revenue Authority is bound to recognize the total
extent of the land owned and possessed by the petitioner as
per the resurvey records. Ext.P8 is the report of the
Village Officer stating that the land as found out after
the re-survey is not a puramboke land. Ext.P9 is the
puramboke register. The said register also does not show
that the land in question is a puramboke land.
2020:KER:5313
WP(C).No.11566/2019 3
4. When there are discrepancies in regard to the total
extent and boundary of land, the law assumes that the
person who possess the property within the boundary is the
owner of the property unless contrary proved. In such
circumstances, there cannot be any difficulty in accepting
the basic tax based on the resurvey records. Accordingly,
the revenue authorities are directed to accept basic tax
from the petitioner to the total extent of 11.56 ares and
make necessary changes wherever required in the revenue
records. The Village Officer shall do the needful within a
period of two weeks. It is submitted that all the revenue
certificates shall be issued to the petitioner showing the
total extent of the land as 11.56 ares.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
ln
2020:KER:5313
WP(C).No.11566/2019 4
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT DATED
12.02.2019.
EXHIBIT P2 TRUE COPY OF THE CIRCULAR NO.B1/19446/01 DATED
13.09.1991 OF THE REVENUE BOARD.
EXHIBIT P3 TRUE COPY OF THE CIRCULAR NO.40837/E3/15/REVENUE
DATED 12.10.2015.
EXHIBIT P4 TRUE COPY OF THE THANDAPER ACCOUNT OF THE
PETITIONER IN TP N.5000 OF NADAMA VILLAGE.
EXHIBIT P5 TRUE COPY OF THE APPLICATION SENT TO THE
RESPONDENTS ON 15.03.2019.
EXHIBIT P6 TRUE COPY OF THE POSTAL ACKNOWLEDGMENT CARD DATED
26.03.19.
EXHIBIT P7 TRUE COPY OF THE POSTAL ACKNOWLEDGMENT CARD DATED
27.03.19.
EXHIBIT P8 A TRUE COPY OF THE REPORT NO 98/2018 DATED
04.06.2018 OF THE 2ND RESPONDENT VILLAGE OFFICER.
EXHIBIT P9 A TRUE COPY OF THE RELEVANT PAGES OF THE
PURAMBOKE REGISTER OF NADAMA VILLAGE.
EXHIBIT P10 A TRUE COPY OF THE RELEVANT PAGE OF THE
CORRECTION STATEMENT OBTAINED FROM THE VILLAGE
OFFICE, NADAMA.
EXHIBIT P11 A TRUE COPY OF THE BTR OF RE.SY.NO.46 OF NADAMA
VILLAGE.
EXHIBIT P12 A TRUE COPY OF THE FAIR LOCATION SKETCH OF OLD
SURVEY NUMBERS 1117/2 AND 1118/2 NADAMA VILLAGE.
EXHIBIT P13 A TRUE COPY OF THE LETTER NO.B1-15600/15 DATED
10.07.2015 OF THE SURVEY DIRECTOR, KERALA.
RESPONDENTS EXHIBITS:NIL.
//TRUE COPY//
P.A.TO JUDGE
2020:KER:5313

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GOVERNMENT OF NCT OF DELHI DIRECTORATE OF EDUCATION
 

Resurvey area prevails over document area

  • 1. IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 28TH DAY OF JANUARY 2020 / 8TH MAGHA, 1941 WP(C).No.11566 OF 2019(U) PETITIONER/S: SUBHADRA THAMPURAN, AGED 81 YEARS, W/O LATE K.S.N.NAMBOOTHIRIPAD, KERALA VILASAM PALACE, PALACE NO.8, THRIPUNITHURA, ERNAKULAM DISTRICT-682301. BY ADVS. SRI.P.K.SOYUZ SRI.E.V.BABYCHAN RESPONDENT/S: 1 THE TAHSILDAR (LR), TALUK OFFICE, KANAYANNOOR TALUK, ERNAKULAM DISTRICT, KOCHI, PIN-682011. 2 THE VILLAGE OFFICER, NADAMA VILLAGE, THRIPUNITHURA.P.O, ERNAKULAM DISTRICT,PIN-682301. BY SENIOR GOVERNMENT PLEADER, SRI.S.GOPINATHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2020:KER:5313
  • 2. WP(C).No.11566/2019 2 JUDGMENT Dated this the 28th day of January 2020 The petitioner is the owner of a landed property bounded by boundary walls on all sides. The said property is comprised in re-survey No.46 Block No.272 of Nadama Village, Kanayannoor Taluk. 2. After the survey and measurement, the actual extent of the property was found to be 11.56 ares instead of 8.39 ares, as recorded in all revenue records. After the re- survey, total extent of the land is shown as 11.56 Ares. 3. However, basic tax is being accepted from the petitioner only in respect of 8.39 ares. The petitioner, placing reliance on Exts.P8 and P9, would argue that in the absence of any claim by the Government or third parties, the Revenue Authority is bound to recognize the total extent of the land owned and possessed by the petitioner as per the resurvey records. Ext.P8 is the report of the Village Officer stating that the land as found out after the re-survey is not a puramboke land. Ext.P9 is the puramboke register. The said register also does not show that the land in question is a puramboke land. 2020:KER:5313
  • 3. WP(C).No.11566/2019 3 4. When there are discrepancies in regard to the total extent and boundary of land, the law assumes that the person who possess the property within the boundary is the owner of the property unless contrary proved. In such circumstances, there cannot be any difficulty in accepting the basic tax based on the resurvey records. Accordingly, the revenue authorities are directed to accept basic tax from the petitioner to the total extent of 11.56 ares and make necessary changes wherever required in the revenue records. The Village Officer shall do the needful within a period of two weeks. It is submitted that all the revenue certificates shall be issued to the petitioner showing the total extent of the land as 11.56 ares. The writ petition is disposed of as above. Sd/- A.MUHAMED MUSTAQUE JUDGE ln 2020:KER:5313
  • 4. WP(C).No.11566/2019 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 12.02.2019. EXHIBIT P2 TRUE COPY OF THE CIRCULAR NO.B1/19446/01 DATED 13.09.1991 OF THE REVENUE BOARD. EXHIBIT P3 TRUE COPY OF THE CIRCULAR NO.40837/E3/15/REVENUE DATED 12.10.2015. EXHIBIT P4 TRUE COPY OF THE THANDAPER ACCOUNT OF THE PETITIONER IN TP N.5000 OF NADAMA VILLAGE. EXHIBIT P5 TRUE COPY OF THE APPLICATION SENT TO THE RESPONDENTS ON 15.03.2019. EXHIBIT P6 TRUE COPY OF THE POSTAL ACKNOWLEDGMENT CARD DATED 26.03.19. EXHIBIT P7 TRUE COPY OF THE POSTAL ACKNOWLEDGMENT CARD DATED 27.03.19. EXHIBIT P8 A TRUE COPY OF THE REPORT NO 98/2018 DATED 04.06.2018 OF THE 2ND RESPONDENT VILLAGE OFFICER. EXHIBIT P9 A TRUE COPY OF THE RELEVANT PAGES OF THE PURAMBOKE REGISTER OF NADAMA VILLAGE. EXHIBIT P10 A TRUE COPY OF THE RELEVANT PAGE OF THE CORRECTION STATEMENT OBTAINED FROM THE VILLAGE OFFICE, NADAMA. EXHIBIT P11 A TRUE COPY OF THE BTR OF RE.SY.NO.46 OF NADAMA VILLAGE. EXHIBIT P12 A TRUE COPY OF THE FAIR LOCATION SKETCH OF OLD SURVEY NUMBERS 1117/2 AND 1118/2 NADAMA VILLAGE. EXHIBIT P13 A TRUE COPY OF THE LETTER NO.B1-15600/15 DATED 10.07.2015 OF THE SURVEY DIRECTOR, KERALA. RESPONDENTS EXHIBITS:NIL. //TRUE COPY// P.A.TO JUDGE 2020:KER:5313