IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP.No. 1081 of 2009(R)
1. MULLIKULANGARA DEVI KSHETHRA BHARANA
... Petitioner
Vs
1. THE DISTRICT COLLECTOR,COLLECTORATE,
... Respondent
2. THE REVENUE DIVISIONAL OFFICER,
3. THE TAHSILDAR,TALUK OFFICE,
4. THE DEPUPTY SUPERINTENDENT OF POLICE,
5. C.K.RADHAKRISHNAN PANICKER,
For Petitioner :SRI.RASHEED C.NOORANAD
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :05/11/2009
O R D E R
S. SIRI JAGAN, J
...............................................
R.P.No. 1081 of 2009
.................................................
Dated this the 5th day of November, 2009
J U D G M E N T
The petitioner in the review petition is the 4th respondent in
the writ petition. They are seeking review of my judgment dated
17.7.2009 in the writ petition, in which I have directed as follows:
“Respondents 1 to 3 shall make arrangements to
measure the property with notice to the petitioner as well
as the 4th respondent. If on such measurement, it is
found that the 4th respondent has encroached into the
road poramboke, as agreed by the 4th respondent, they
shall demolish the structure constructed by them in the
road poramboke and give vacant possession of the same
to respondents 1 to 3 without any objection whatsoever.
If any other person is likely to be affected by the
measurement, he/she shall also be given notice. The
above exercise shall be taken up and completed as
expeditiously as possible, at any rate, within two months
from the date of receipt of a copy of this judgment.”
Petitioner’s grievance now is that the measurement has to
be conducted on the basis of the settlement register, whereas
the respondents 1 to 3 in the writ petition has measured the
property based on the re-survey records, which is wrong. I am of
opinion that the petitioner cannot dictate as to how the
Government land has to be measured. The authentic records for
the purpose of land in the State of Kerala is the re-survey
records. That being so, the petitioner cannot insist on measuring
R.P.No. 1081 of 2009 -2-
the property on the basis of the settlement register, whereas the
revenue authorities go by resurvey records. Therefore, I do not
find any merit in the review petition and accordingly, the same is
dismissed.
S. SIRI JAGAN, JUDGE
rhs