Mallika Rajan vs District Collector, Collectorate, Alappuzha

Raja Vijayaraghavan V, J

The petitioner states that he is the owner in title and possession of 25 cents of property falling in Sy.Nos.272/1A2 and 270/7A of Veliyanad Village.

The aforesaid property was purchased by him as per Document Nos.3281/1983 and 10/1987 of the Pulimkunnu SRO. He contends that he has been

remitting tax in respect of the above property as is evident from Exhibit-P1 tax receipt. There were disputes between the petitioner and the

neighbouring property owner and in such circumstances the petitioner instituted O.S.No.11 of 2005 before the Munsiff Court, Alappuzha. By Exhibit-

P2 judgment, the suit instituted by the petitioner herein was dismissed. The judgment was challenged before the Appellate Court and by judgment

dated 3.3.2015 in A.S.No.78 of 2011, the appeal was allowed and the following directions were issued:

“Considering the submissions made by the appellant I am inclined to set aside the judgment and decree of the court below for the limited purpose of measuring out

the property of the appellant after rectifying the mistakes committed in the survey number and locate it by measuring the same with reference to its title deed or deeds

and corresponding survey reports. The appellant has admitted that there is no boundary around her property. Under these circumstances it is highly necessary to

measure out the property of appellant on the strength of Exts.A1 and A2 documents after rectifying the survey numbers. Therefore the appeal is only to be allowed.

In the result, the appeal is allowed and the judgment and decree of the lower court is set aside for measuring out the property of the appellant after rectifying the

mistakes committed in the survey number and locate it by measuring the same with reference to its title deed or deeds and corresponding survey reports.â€​

In tune with the directions issued by the District Court, the petitioner submitted Exhibit-P4 representation before the District Collector, Alappuzha

seeking a direction to the 2nd respondent to implement the order and to measure out the property. The grievance of the petitioner is that though

Exhibit-P4 request was made on 25.2.2021, no action has been taken till date. It is in the afore circumstances that the petitioner is before this Court

seeking the following relief:

“(i) issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to take up Ext.P4 representation and measure out the

petitioner’s property on the basis of the documents of title and make necessary corrections in the revenue records if found necessary, within a time limit to be

prescribed by this Honourable Court.â€​

I have heard Sri.Sadchith P. Kurup, the learned counsel appearing for the petitioner and the learned Government Pleader.

Having regard to the facts and circumstances and the submissions made across the Bar, I direct the 1st respondent to take up Exhibit-P4

representation and forward the same to the 2nd respondent, who shall take necessary steps to implement the directions issued by the Additional

District Judge-I, Alappuzha in judgment dated 3.3.2015 in A.S.No.78 of 2011. The entire exercise shall be completed with notice to the petitioner,

expeditiously, at any rate, within a period of three months from the date of receipt of a copy of this judgment.

The writ petition is disposed of.