The petitioners sought mutation of their property due to respondent inaction. The court directed respondents to effect mutation based on submitted documents, subject to independent proceedings under the Kerala Land Reforms Act initiated against the property.
Direction to respondents to effect mutation on the basis of petitioner's exhibits within three weeks.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY, THE 2ND DAY OF SEPTEMBER 2014/11TH BHADRA, 1936
WP(C).No. 6297 of 2014 (J)
PETITIONER(S):
1. SASI, AGED 49 YEARS, S/O.MADHAVAN THARAYIL HOUSE, P.O.MARATHAKARA
2. AJITHA RAVINDRAN, AGED 36 YEARS, W/O.PUDUSSERY RAVINDRAN, P.O..MARATHAKARA PUZHAMBALLAM DESOM, THRISSUR DISTRICT.
3. VIJAYAN, AGED 59 YEARS, S/O.CHERUNILA ACHUTHAN, P.O..MARATHAKARA
4. RATNAVALLI, W/O.BALAN, AGED 45 YEARS, KANNATH HOUSE, P.O..MARATHAKARA, PUZHAMBALLAM DESOM, THRISSUR DISTRICT.
BY ADV. SRI.G.SREEKUMAR (CHELUR)
RESPONDENT(S):
1. THE STATE OF KERALA, REP.BY THE SECRETARY TO THE GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2. THE TAHSILDAR, TALUK OFFICE THRISSUR 680 001.
3. THE VILLAGE OFFICER MARATHAKARA VILLAGE OFFICE, THRISSUR 680 001.
BY SENIOR GOVERNMENT PLEADER SRI.MOHAMMED SHAFI.M.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-09-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
WP(C).No. 6297 of 2014 (J)
APPENDIX
PETITIONER(S)' EXHIBITS
RESPONDENT(S)' EXHIBITS
EXT.R1(A): A COPY OF THE LETTER TO THE DISTRICT COLLECTOR, THRISSUR VIDE LETTER NO.B4-25103/13 DATED 12/6/2013.
/ TRUE COPY /
P.A. TO JUDGE
PJ
A.MUHAMED MUSTAQUE, J.
W.P.(C) No.6297 of 2014
Dated this the 2nd day of September, 2014
JUDGMENT
The petitioners claim to be the owner and in possession by
virtue of Exts.P1 to P4. The petitioners have approached this Court on account of the inaction on the part of the respondents in accepting tax and also effecting mutation.
I am of the view, any action that has been contemplated under the Land Reforms Act, cannot be a reason to deny effecting mutation. There shall be a direction to the respondents to effect mutation on the basis of Exts.P1 to P4. However, it is made clear that this will be subject to any outcome of the proceedings initiated
W.P.(C) No.6297 of 2014 2
against the petitioner's property under the Land Reforms Act. Needful shall be done within a period of three weeks from the date
of receipt of a copy of this judgment.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
ln
1 issue framed by the court
Whether the petitioner should be directed to effect mutation despite the non-submission of ceiling return by the vendor under the Kerala Land Reforms Act.
SASI, AGED 49 YEARS, S/O.MADHAVAN
AJITHA RAVINDRAN
VIJAYAN, AGED 59 YEARS, S/O.CHERUNILA
RATNAVALLI
THE STATE OF KERALA
THE TAHSILDAR
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
