Disposed

Kesavan Asari Vikraman Asari v. the District Collector and Others

Kerala HC31 May 2011WP(C)/5694/2010

Case brief

AI extract

What is this about?

The Court disposed of the writ petition directing the Second Respondent to consider the petitioner's mutation application and pass appropriate orders within two months, providing notice and hearing opportunities to concerned parties.

What did the court decide?

Direction to the Second Respondent to consider the applicant's application and pass appropriate orders within two months of service of judgment.

Kesavan Asari Vikraman Asari Vs the District… — Writ and Judicial Review | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON

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TUESDAY, THE 31ST MAY 2011 / 10TH JYAISHTA 1933

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WP(C).No. 5694 of 2010(J)

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-------------------------

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PETITIONER:

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KESAVAN ASARI VIKRAMAN ASARI, VADAKKEMELE PUTHEN VEEDU,THIRUMALA VILLAGE, THIRUVANANTHAPURAM.

BY ADV. SRI.D.SAJEEV

SMT.LIGEY ANTONY

RESPONDENTS:

THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.

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THE ADDITIONAL TAHSILDAR,TALUK OFFICE, THIRUVANANTHAPURAM.

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THE VILLAGE OFFICER,THIRUVAMALA VILLAGE,THIRUMALA.P.O,THIRUVANANTHAPURAM.

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BY GOVERNMENT PLEADER ADV. MR. M.H. HANIL KUMAR

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 5694 of 2010(J)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1	:	TRUE COPY O THE FINAL DE CREE DATED 23.12.1998 IN I.A.No. 2408/1993 IN O.S.NO. 255/1977 ALONG WITH EXT.C1 (a) & C1(b).
EXT.P2	:	TRUE COPY OF DELIVERY KYCHIT EXECUTED BY THE AMEEN APPOINTED IN E.P.No.22/2033 BY THE 2ND ADDL. MUNSIFF COURT, THIRUVANANTHAPURAM.
EXT.P3	:	TRUE COPY OF THE KYCHIT EXECUTED BY THE 2ND DECREE HOLDER IN E.P.NO. 22/2003 BEFORE THE HON'BLE MUNSIFF COURT, THIRUVANANTHAPURAM.
EXT.P4	:	TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXT.P5	:	TRUE COPY OF THE LETTER BEARING NO.H6-22012/07 DATED 22.11.2007 OF THE 2ND RESPONDENT.

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/TRUE COPY/

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P.S. TO JUDGE.

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P.R. RAMACHANDRA MENON, J.

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W.P.(C) No. 5694 OF 2010

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Dated this the 31^st May , 2011

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J U D G M E N T

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The petitioner has approached this Court with the following

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prayers:

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“i) to issue a writ of mandamus or other appropriate writ, direction or order commanding the 2^nd respondent to consider and pass orders on Ext. P4 application after taking note of Rule 3(b), Rule 10(1) and Rule 16 of the Transfer of Registry Rules1966, forthwith.

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ii) to issue a writ of mandamus or other appropriate writ, order or direction commanding the 2^nd respondent to effect mutation and change the patta in favour of the petitioner with respect of the property covered by the decree in O.S.255/1977, Ext. P1 final decree and which delivered to the petitioner as per Ext. P2 delivery kychit withing a time frame.

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iii) such other appropriate writ order or direction this Honourable Court may deem fit and proper to meet the ends of justice.

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Urgent notice was ordered by this Court on 22.02.2010.

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Service is complete. The learned Government Pleader appearing

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W.P.(C) No. 5694 OF 2010

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for the respondents submits that Ext. P4 application preferred by the petitioner could be caused to be disposed of by the second respondent, who is the competent authority, within a reasonable time.

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In the above circumstance, the writ petition is disposed of, directing the second respondent to consider Ext. P4 and pass appropriate orders in accordance with law, after giving an opportunity of hearing to the petitioner and others concerned, if any. The proceedings shall be finalised as above, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of the judgment. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the second respondent for further steps.

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P.R. RAMACHANDRA MENON, JUDGE.

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Kesavan Asari Vikraman Asari v. the District Collector and Others

Case brief

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Kesavan Asari Vikraman Asari v. the District Collector and Others

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