Disposed

Ayyappan v. State of Kerala

Kerala HC19 Sept 2014WP(C)/19228/2014

Case brief

AI extract

What is this about?

The Court directed the District Collector to enquire into the petitioner's claim regarding a discrepancy in survey numbers mentioned in Pattas and to effect mutation, directing him to pass appropriate orders within three months after affording an opportunity of hearing.

What did the court decide?

Directing the District Collector to enquire into the claim based on Pattas, afford an opportunity of hearing, and correct the survey number and effect mutation within three months.

Ayyappan Vs State of Kerala — Land Acquisition | Kerala HC (2014)

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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 A.MUHAMED MUSTAQUE

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FRIDAY, THE 19TH DAY OF SEPTEMBER 2014/28TH BHADRA, 1936 WP(C).No. 19228 of 2014 (C) ----------------------------

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PETITIONER: ----------

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AYYAPPAN S/O.MOTTAYYAN, VALAKOTTIL HOUSE, ULUPPUNI (P.O.) VAGAMAN VILLAGE, PEERUMEDU, IDUKKI.

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BY ADVS.SRI.NIDHI BALACHANDRAN SRI.SABU GEORGE RESPONDENTS: -----------

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1. THE STATE OF KERALA REPRESENTED BY IT'S SECRETARY TO GOVERNMENT DEPARTMENT OF LAND REVENUE, SECRETARIAT THIRUVANANTHAPURAM. 695 001

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2. THE DISTRICT COLLECTOR IDUKKI DISTRICT, KOZHIMALA-685603.

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3. THE THAHASILDAR PEERUMEDU, IDUKKI DISTRICT, 685531.

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4. THE VILLAGE OFFICER VAGAMAN, PEERUMEDU, IDUKKI DISTRICT 685531.

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BY GOVERNMENT PLEADER: SRI K C VINCENT

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-09-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 19228 of 2014 (C)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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EXHIBIT-P1: TRUE COPY OF THE 'PATTA' ISSUED IN FAVOUR OF THE PETITIONER.

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EXHIBIT-P2: TRUE COPY OF THE 'PATTA' ISSUED IN FAVOUR OF THE PETITIONER'S FATHER.

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EXHIBIT-P3: TRUE COPY OF THE APPLICATION DATED 1/11/12 BEFORE THE 2ND RESPONDENT ALONG WITH THE DEED DATED 9/9/1988.

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EXHIBIT-P4: TRUE COPY OF THE APPLICATION SUBMITTED BY THE APPLICANT BEFORE THE 2ND RESPONDENT ON 1/11/2012.

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EXHIBIT-P5: TRUE COPY OF THE COMMUNICATION DATED 10/12/12 BETWEEN THE 3RD RESPONDENT AND THE 2ND RESPONDENT.

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EXHIBIT-P6: TRUE COPY OF THE COMMUNICATION DATED 18/3/2013 FROM THE PUBLIC INFORMATION OFFICER & DEPUTY THAHASILDAR (LA).

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RESPONDENT(S)' EXHIBITS: NIL

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True Copy/

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P A to Judge

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A.MUHAMED MUSTAQUE, J. =========================

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W.P(C).No.19228 of 2014

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============================ Dated this the 19^th day of September, 2014

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JUDGMENT

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Petitioner, by virtue of Ext.P1 patta under the Kerala Land Assignment Rules, obtained land having an extent of 3.70Acres in survey No.818. Similarly petitioner's father has also obtained land having an extent of 2.30Acres in survey No.818 as per Ext.P2 patta assigned to him. Petitioner's case is that the property covered by Ext.P1, patta is actually situated in survey No.825 and not in 818. Therefore he approached the District Collector by way of Ext.P4. Petitioner has also a case that his father has executed a Will in his favour in respect of the property covered by Ext.P2. No action has been taken in spite of request made by him in Ext.P3 to effect mutation. Petitioner, aggrieved by the above, has approached this Court with this Writ Petition.

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Considering the facts and circumstances of the case I am of the view, the District Collector shall enquire into the claim made by the petitioner based on Exts.P1 and P2 patta after affording an opportunity of being heard to the petitioner and pass appropriate orders in the matter relating to the correction in survey number and also effecting mutation. Needful shall be done within a period of

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W.P(C).No.19228 of 2014

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three months from the date of receipt of a copy of this judgment.

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Writ Petition is disposed of.

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Sd/-

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A.MUHAMED MUSTAQUE, JUDGE.

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Sbna/19/09/14

Ayyappan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ayyappan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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