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2025 DIGILAW 2136 (KER)

Jasmin v. District Collector

2025-08-04

VIJU ABRAHAM

body2025
- JUDGMENT : Viju Abraham, J. The above writ petition is filed seeking a direction to the 2nd respondent to carry out rectification of the description of the property belonging to the petitioner, wrongly entered in the basic tax register (BTR) as ‘nilam’ after resurvey, which was originally described as ‘Purayidom’ in the settlement register of Vakkom Village Office. 2. Brief facts necessary for the disposal of the writ petition are as follows:- The petitioner, along with her mother, purchased an extent of 13.54 ares of property in Vakkom Village, Chirayinkeezhu Taluk, obtained as per Ext.P1 sale deed. They got the mutation of the property in their joint name and were remitting land tax. Later, the joint ownership right of the petitioner’s mother in the property covered under Ext.P1 was given in the name of the petitioner as per Ext.P2 settlement deed. Thereafter, the petitioner got the property mutated in her name as T.P. No.17130 of the Village Office, Vakkom and is remitting land tax as the sole owner, as is evident from Ext.P3 land tax receipt. While so, resurvey of the Vakkom Village was completed, and the resurvey records were handed over to the Vakkom Village by the 2 nd respondent. As per the resurvey records, the property belonging to the petitioner, as per Ext.P3 tax receipt, was revised as 6.35 ares in Re.Sy. No.136/5 and 6.30 ares in Re.Sy. No.136/4 of Block No.9, totalling 12.65 ares in T.P. No.2366 of Vakkom Village as per Ext.P4. Petitioner would submit that the 3 rd respondent, the Assistant Director, Resurvey, has erroneously noted the land belonging to the petitioner as ‘nilam’ instead of ‘Purayidom’ while submitting the BTR, as evident from Ext P5, copy of the BTR. Petitioner submits that in Ext.P6 settlement register of old Sy. No.1889, the property has been treated as ‘Purayidom’. Thereupon, petitioner approached the 2 nd respondent requesting for change of category of land which was rejected as per Ext.P7 and directed the petitioner to file appropriate application as per the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (hereinafter referred to as ‘the Act, 2008’) for removal of the property from the data bank. Petitioner would submit that the property has been included in the data bank without following the due procedures contemplated as per the Act, 2008. Petitioner would submit that the property has been included in the data bank without following the due procedures contemplated as per the Act, 2008. Aggrieved by Ext.P7 order, the petitioner preferred Ext.P9 petition under Section 13A of the Kerala Survey and Boundaries Act, 1961 (hereinafter referred to as ‘the Act, 1961), praying for an order to correct the erroneous entry in the BTR, which happened consequent to the resurvey conducted. Alleging that no action has been taken on Ext.P9, the present writ petition has been filed. 3. The 2nd respondent has filed a detailed counter affidavit, wherein it is admitted that the petitioner has submitted an application as Ext.R2(a) requesting to change the nature of the land. The application was forwarded to the Village Officer, Vakkom, for enquiry and has reported that in the resurvey records, the property has been included as ‘nilam’, whereas in the settlement register of the Land in old Sy.No.1889/9, the same is shown as ‘purayidom’. Since the land has been included in the data bank in Vakkom Village, the petitioner was directed to file the necessary application as per the provisions of the Act, 2008, and after removal of the land from the data bank, the 2 nd respondent could take necessary steps for a change in the resurvey records. - 4. The 3 rd respondent Assistant Director of Resurvey has also filed a detailed counter affidavit, wherein it is contended that by inspecting the settlement register of old Sy.No.1889/9 it is found that there are three classifications namely A, B and C in which A consist of 3 acres one cent purayidom in T.P. No.1227, B consist of 60 cents of purayidom in T.P. No.272 and C consist of 22 cents of purayidom in T.P. No.1227. He further submitted that on inspecting the resurvey land register of Vakkom Village of Sy.No.136 in Block No.9, it is found that 6.30 ares under Sy.No.136/4 and 6.35 ares under Sy.No.136/5 are shown as wetland. Consequently, the BTR records of Vakkom Village also showed the property as ‘nilam’. It is further submitted that, as per the Government Order G.O.(MS) No.200/2010/Rev. dated 31.05.2010, the respective Tahsildar shall settle the resurvey disputes regarding villages, if the resurvey records have been handed over to the Revenue Department from those Villages. It is submitted that in Vakkom Village, the resurvey records were handed over to the Revenue Department on 16.11.2016. It is further submitted that, as per the Government Order G.O.(MS) No.200/2010/Rev. dated 31.05.2010, the respective Tahsildar shall settle the resurvey disputes regarding villages, if the resurvey records have been handed over to the Revenue Department from those Villages. It is submitted that in Vakkom Village, the resurvey records were handed over to the Revenue Department on 16.11.2016. It is further submitted that, as per the notification under Section 9 (2) of the Act, 1961, the resurvey records were exhibited at the Village Office for one month for examination by the public. After taking into consideration all the complaints and dealing with such complaints in accordance with the provisions of Section 13 of the Act, 1961, the resurvey records of Chirayinkeezhu Taluk, Vakkom Village, were handed over to the Revenue Department on 16.11.2016. The issue of incorrect resurvey records, if any, has not been pointed out during the said period, wherein the petitioner could have raised her objections. 5. A detailed reply affidavit has been filed by the petitioner in answer to the contentions in both the counter affidavits. In answer to the counter affidavit filed by the 2nd respondent, the petitioner would submit that the property has been mechanically included as ‘nilam’ in the data bank and in the basic tax register. Petitioner would further submit that similar discrepancies were found in respect of a similarly situated land owner, and by Ext.P10 order, the 2 nd respondent has issued proceedings to change the nature of land from ‘nilam’ to ‘purayidom’. A similar reply was given to the counter affidavit filed by the 3 rd respondent also. - 6. I have heard and considered the contentions of Sri.Raj Carolin V. appearing for the petitioner and also Sri.Riyal Devassy, the learned Government Pleader. 7. Essentially, the above anomaly occurred after the resurvey was completed in Vakkom Village. As per Ext.P6 settlement register, the property is included as ‘purayidom’. But after the resurvey, changes were made, and Ext.P1 BTR was prepared, and the property has been included as ‘nilam’. The contention is that the said anomaly happened only due to the findings/entries made at the time of the resurvey, and the respondents are duty-bound to make necessary corrections in the basic tax register rather than relegating the petitioner to file an application under the Act, 2008, as done in Ext.P7 order. 8. The contention is that the said anomaly happened only due to the findings/entries made at the time of the resurvey, and the respondents are duty-bound to make necessary corrections in the basic tax register rather than relegating the petitioner to file an application under the Act, 2008, as done in Ext.P7 order. 8. The Kerala Survey and Boundaries Act, 1961 , is promulgated to consolidate, amend and unify the law relating to the survey of land and settlement of boundary disputes in the State of Kerala. Section 13A of the Act, 1961 deals with the power of the District Collector in revision, which empowers him to examine the records in respect of the determination of any boundary which has been completed to satisfy himself as to the legality of the determination of such boundary. A perusal of Section 13A of the Act, 1961, would clearly show that the revisional power granted to the District Collector is only to make necessary changes or cure the defects or mistakes in the resurvey in respect of the determination of the boundary alone. In the present case, there is no dispute as to any change in the extent of the land, etc., but the complaint is regarding the change of classification of the land after the resurvey as ‘nilam’. The contention of the petitioner as to how there could be a change in the nature/classification of land based on the resurvey records has to be examined, especially when the Act, 1961 has been promulgated to consolidate, amend and unify the law relating to the survey of land in the settlement of boundary disputes in the State. - 9. Section 4 of Act, 1961 deals with the power of the Government to direct survey of any land or any boundary of any land. Section 4 is extracted below: “4. Government may direct the survey of any land or any boundary of any land - The Government or, subject to the control of the Government, any officer or authority authorised by the Government in this behalf, may by notification in the Gazette, order the survey of any land or of any boundary of any land or of the boundary forming the common limit of any Government land and any registered land. (underline supplied)” So going by Section 4 , Government by notification in the Gazette order the survey of any land or of any boundary of any land, and not just for the survey of any boundary of any land. 10. The Government and the Revenue Department have issued various orders in connection with the survey, the earliest of which is G.O.(MS) No.781/65/RD dated 06.10.1965, which reveals the purpose for which the Government has considered conducting a resurvey of surveyed areas in the state. Relevant portion of the said Government order reads as follows:- - REVENUE (E) DEPARTMENT “G.O.(Ms)781/65/RD. Dated, Trivandrum, 6 th October, 1965. ... ... ... ... ... ... ... ... ... ... ... ... ... Government have been considering for some time past the question of Resurvey of surveyed areas of the State with a view to making the land records up-to-date for the implementation of Land Reforms, collection of Agricultural Statistics for the improvement of agriculture and for effective Revenue Administration. The original survey in Travancore area was conducted during the year 1059-1087 M. E. (1883-1911 A. D.) From the records available, it is found that no systematic method of Scientific Survey was adopted them in that area. With regard to the Cochin Area, the survey was conducted during 1074-1084 M. E. (1898-1908 A. D.) Though the survey was conducted on a scientific basis, the changes that have taken place since the survey have not been incorporated in the records in full for want of systematic maintenance. The condition of the frame work has also badly deteriorated. In the Malabar Area, the resurvey was conducted during 1923-1928 A. D. The system adopted in certain Taluks of that area was defective. As in the Cochin Area, for want of systematic maintenance, the changes that have taken place since the resurvey have not been fully incorporated in the records and the condition of the frame work of survey has also deteriorated. 2. A Resurvey is usually undertaken at the end of every 30 years along with resettlement. Since resettlement had been given up, total resurvey had been discontinued. As such, the condition of land records has deteriorated as mentioned above. This has created difficulties in collecting proper, reliable and up- to-date Agricultural Statistics and evolving a satisfactory tax structure on land. It has also affected effective Revenue Administration which is essential for speedy developmental and social reform measure. As such, the condition of land records has deteriorated as mentioned above. This has created difficulties in collecting proper, reliable and up- to-date Agricultural Statistics and evolving a satisfactory tax structure on land. It has also affected effective Revenue Administration which is essential for speedy developmental and social reform measure. For example, for want of proper survey records, in cases of land acquisition, transfer of registry assignment and preparation of record of rights of tanants resurvey had to be undertaken to find out and locate the holdings. Again, land records have to be maintained in the Metric System. It would not be satisfactory to adopt the Metric system merely by converting the existing incomplete and unsatisfactory records into Metric Units. Government examined the matter in consultation with the Director of Survey and Land Records and the Board of Revenue. The Board of Revenue proposed that an extent of 11.300 Sq. miles might be survey at an estimated cost of Rs.15.78 crores and that the resurvey might be carried out on a Phased Programme spreading over a period of seven years. ... ... ... ... ... ... ... ... ... ... ... ...” (underlines supplied) Going by the said Government order, the resurvey was decided to be conducted not just for the survey of land but to make the land records up to date for the implementation of land reforms, collection of agricultural statistics for the improvement of agriculture and for effective revenue administration. The Government has also considered the fact that a resurvey is usually undertaken in the end of every 30 years along with resettlement and since the resettlement has been given up, the total survey has been discontinued and as such the conditions of land records have deteriorated which resulted in difficulties in collecting proper reliable and up to date agricultural statistics and involving a satisfactory tax structure on land. Based on the said observations, the Government examined the proposal of the Board of Revenue and accepted in principle the scheme of resurvey of the entire State. Therefore, the resurvey was not intended only for the survey of lands and for the settlement of boundary disputes in the State of Kerala, but also for the purposes mentioned in the Government order. 11. Therefore, the resurvey was not intended only for the survey of lands and for the settlement of boundary disputes in the State of Kerala, but also for the purposes mentioned in the Government order. 11. The government issued a further order, G.O. (MS)No.463/1988 dated 27.05.1988 in respect of the finalisation of the survey, preparation of land records and transfer of records to the concerned officers. The relevant portion of the said Government order reads as follows:- “REVENUE (E) DEPARTMENT G.O.(Ms)463/1988/RD. Dated, Trivandrum, 27 th May, 1988. ... ... ... ... ... ... ... ... ... ... ... ... ... Government after duly considering the recommendations of the Committee, are pleased to order that the under mentioned procedure will be followed by Survey and Land Records Department in the process of finalisation of Survey, Preparation of Land Records and the transfer of the records to the concerned Officers. The Resurvey parties would themselves, after completing resurvey, update and thoroughly reverify the holdings, call for objection under Section 9 (2) of the Kerala Survey and Boundaries Act 1961, dispose of the objections and make changes in the Field Measurement sketches if found necessary. After completion of the field work, the following will be the basic records prepared on completion of resurvery:- - (1) Field measurement sketches showing the measurements of each holdings including Government lands with necessary date to rely the boundary on ground as and when required. The scale of sketch is 1 cm = 5 metre, 1 cm = 10 metre, 1cm = 20 metre and 1cm = 50 metre according to the extent of holding. This sketches will be prepared in duplicate. (2) Land register of field register showing the name of present land holder, Extent, classification, nature of previous land holder, corresponding old survey number of sub-division number, details of main crops raised in the land etc. (3) Combined map of each block of about 1000 hectares in extent formed within villages following natural boundaries as far as possible and these revenue villages may consist one or more of such blocks (Scale 1 cm = 50 metre) The above records would be handed over to the Special Tahsildar for preparation of Basic Tax Register and Thandaper Register. The entire process of updating thorough re- verification, revision of F.M. Sketches etc. The entire process of updating thorough re- verification, revision of F.M. Sketches etc. would thus be completed by the Resurvey personnel who will hand over a clean set of updated records, after considering appeals received in pursuance of notification issued under Section 9 (2) of the Act. This revised procedure shall be applied immediately to those villages, the records of which have not been handed over to the Special Tahsildar for location, survey etc. After getting the revised Survey Records from the concerned Assistant Directors, the Special Tahsildar will prepare the "Basic Tax Register, Thandaper Register and Puramboke Register," etc. for being utilised for the revenue administration, by utilising the services of the Village Officers under them. After completion of the above work, the Special Tahsildar will hand over the entire re-survey records to the concerned Tahsildars for utilising them for the purpose of revenue administration. The District Collectors will take suitable necessary action on this. - ... ... ... ... ... ... ... ... ... ... ... ...” (underlines supplied) The Government found that the intention of the resurvey was to build up fresh revenue records based on the resurvey records and the same could not be finalised within time, and the change in procedure was thereupon entrusted with a committee by the Government to review resurvey work under the Chairmanship of the member Board of Revenue and after considering the recommendation of the committee, issued the order dated 27.05.1988. As per the said Government order, it is ordered by the Government that the resurvey party after completing the resurvey, update and thoroughly reverify the holdings, call for objection under Section 9 (2) of the Act, 1961 and dispose of the objection and make changes in the field measurement sketches if found necessary and after completion of the field work, among other things hand over to the Special Tahsildar, the land register or field register showing the name of the present holder, extent, classification, nature of the previous land holder corresponding old survey number of sub-division number, details of main crops raised in the land etc. for preparation of basic tax register and thandaper register. for preparation of basic tax register and thandaper register. As per the above Government order, after getting the revised survey records from the concerned Assistant Directors, the Special Tahsildar could prepare the basic tax register, thandaper register and puramboke register, etc., for being utilised for the revenue administration by utilising the services of the village officers under them. After the completion of the above-mentioned work, the Special Tahsildar should hand over the entire resurvey records to the concerned Tahsildars for utilising them for the purpose of the Revenue Administration. Thus, going by the said Government order, it is the duty of the resurvey authorities to prepare a land register or field register showing the name of the present land owner, extent, classification, nature of the previous land holder, corresponding old survey numbers or sub-division numbers, including details of main crops raised in this land, etc. A reading of the above Government orders dated 06.10.1965 and 27.05.1988 would reveal that the duty of the resurvey authorities is not just to survey the land but also to prepare a land register, wherein all the details of the land, including the details of the main crops raised in the land, are included. After such a land register or field register is prepared, the resurvey authorities shall hand over the same to the Special Tahsildar, who shall take necessary steps to prepare the basic tax register based on the materials supplied by the resurvey authorities. 12. Government issued further orders G.O.(MS)No. 362/1990/RD dated 18.05.1990, prescribing the procedure for translation of resurvey records into revenue records. Relevant portion of the said Government order reads as follows: - “REVENUE (E) DEPARTMENT G.O.(Ms.)362/1990/RD. Dated, Thiruvananthapuram, 18 th May, 1990. ... “In the G.O. 4 th cited, the revised procedure for the Re-survey records and for publication of Section 13 Notification under the Survey and Boundaries Act was laid down. It has now been reported by the Director of Survey and Land Records that Re-survey records of 263 Villages have been finally published. It has therefore become necessary to prescribe the procedure for translation of Resurvey records into Revenue Records. Government therefore issue the following orders in the matter. 1. On receipt of final Re-survey records the Special Tahsildar (Preparation of Land Records) shall proceed to write up revised Village records. The records will include Basic Tax Register, Thandaper Register, Poramboke Register, etc. It has therefore become necessary to prescribe the procedure for translation of Resurvey records into Revenue Records. Government therefore issue the following orders in the matter. 1. On receipt of final Re-survey records the Special Tahsildar (Preparation of Land Records) shall proceed to write up revised Village records. The records will include Basic Tax Register, Thandaper Register, Poramboke Register, etc. The information provided by the Field Register of Re-survey will form the basis for preparing these records. But the information provided by the Field Register has to be checked with reference to the existing Poramboke register etc. so as to record Government Porambokes correctly in the revised records. 2. After depositing the above registers in the respective Village Office the Special Tahsildar shall give wide publicity in the concerned Village about the completion of resurvey records by notice to be published in the Village Office/Panchayat Office Local Dailies calling for objections. The objection shall be received upto a month from the date of publication of notification in news papers. - 3. The objections so received shall be heard and disposed of by the Special Tahsildar within three months holding consecutive camp sittings if need be. 4 (a) The procedure followed in the disposal of objections shall be the same as that for transfer of Registry. Each of the complaints, objections may be disposed in terms of the provisions of the T.R. Rules. For this purpose the Special Tahsildar (PLR) will exercise the powers of Tahsildar under the rules. (b) The Superintendent of Survey (Resurvey) of the Taluk concerned will conduct the scrutiny and issue revised records where fresh subdivision are created at the time of enquiry by the Special Tahsildar. He shall complete the work within three months. 5. After disposal of the complaints as mentioned above the Specia l Tahsildar shall make necessary changes consistent with the decision on the complaints in the draft register such as Basic Tax Register, Thandaper Register, Poramboke Register, etc., and finalise them under his signature within a maximum period of six months. 6. After completion of the above work the Special Tahsildar shall hand over the entire resurvey records to the concerned Tahsildars for utilising them for the purpose of Revenue Administration. 7. The Revisional Authority against the appellate orders of the Special Tahsildar shall be the Revenue Divisional Officer concerned. 8. 6. After completion of the above work the Special Tahsildar shall hand over the entire resurvey records to the concerned Tahsildars for utilising them for the purpose of Revenue Administration. 7. The Revisional Authority against the appellate orders of the Special Tahsildar shall be the Revenue Divisional Officer concerned. 8. The District Collector shall have powers to take suo moto action in respect of any case where discrepancy in accuracy or defect of any kind is noticed. 9. If any changes are ordered on revision or under suo moto powers of the District Collector those changes shall be subsequently affected in the Village records by the Taluk Tahsildar. 10.This procedure shall be applicable even in respect of those Villages where village records i.e., Basic Tax Register, Thandaper Register, Poramboke Register, etc., have already been prepared on the basis of resurvey records. In such cases the Special Tahsildar shall once again give wide publicity Village-wise calling for objections, if any and take suitable decisions treating such objections as application under the Transfer of Registry Rules. 11. Even after the new set up of Village records come into force the existing records shall be retained for a period of 10 days for reference purposes. 12. Surveyors will not be posted to Village Offices but they will work under the Taluk Tahsildars when they are posted for Land Records Maintenance Work. ... ... ... ... ... ... ... ... ... ... ... ...” (underlines supplied) 13. Later on, the Government in 2010 issued further order G.O.(MS)No.200/2010/Rev dated 31.05.2010, empowering the Additional Tahsildar to consider all complaints regarding the land in which resurvey is completed and the records have been handed over to the revenue administration. Subsequently, the Government issued G.O.(MS)No.303/2017/Rev dated 26.08.2017, whereby the power to deal with the complaints has been entrusted to the Tahsildar (Land Records), the relevant portion of the said Government Order dated 26.08.2017 is extracted below:- 14. Subsequently, the Government issued G.O.(MS)No.303/2017/Rev dated 26.08.2017, whereby the power to deal with the complaints has been entrusted to the Tahsildar (Land Records), the relevant portion of the said Government Order dated 26.08.2017 is extracted below:- 14. From the Government orders referred above, it is without any doubt that the resurvey authorities are entrusted not only to survey the land, to settle the boundary disputes, but also collect details regarding the nature of land, land/crops in the land in question and has to transfer the said details to the Revenue Administration so as to make necessary changes in the revenue records like the Basic Tax Register and the power to deal with any complaints in this regard has been entrusted to the Tahsildar (Land Records). - 15. In view of the above factual situation, the petitioner has rightly approached the 2 nd respondent, Tahsildar (Land Records) by seeking necessary corrections in the Basic Tax Register regarding change of nature of land, but the 2 nd respondent has mechanically rejected the application submitted by the petitioner as per Ext P7 directing her to approach the authorised officer as per the provisions of the Act, 2008. It is also clear that by Ext.P10 proceedings, the 2 nd respondent has, in a similar circumstance, corrected such mistakes that have happened due to the changes made based on the report submitted by the resurvey authorities. Therefore, I am of the opinion that Ext P7 order is liable to be interfered with and the same is accordingly quashed. There will be a consequential direction to the 2 nd respondent to reconsider the request made by the petitioner for change of nature of land in the revenue records and the 2 nd respondent is duty bound to look into the matter and examine whether the details furnished by the survey authorities after the resurvey conducted is proper or not and to make necessary changes accordingly. Action in this regard shall be taken within an outer limit of three months from the date of receipt of a copy of the judgment after affording an opportunity of being heard to the petitioner. With the above said direction, the writ petition is disposed of.