Allowed a writ petition directing the Additional Tahsildar to consider the petitioner's representation for property mutation after affording an opportunity of hearing within one month.
Directed the third respondent to consider Ext.P16 representation and take appropriate decision after hearing the petitioner within one month.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 19TH DAY OF MAY 2016/29TH VAISAKHA, 1938
WP(C).No. 10593 of 2016 (Y)
PETITIONER(S):
ABDUL SAMAD, S/O.MOHAMMED, THALAPPIL VEEDU, T.B.ROAD, WANDOOR, VANIYAMBALAM P.O., MALAPPURAM 679 339.
BY ADVS.SRI.P.VIJAYAKUMAR
SRI.C.R.REGHUNATHAN SRI.B.HARRYLAL
RESPONDENT(S):
1. THE DISTRICT COLLECTOR, CIVIL STATION, MALAPPURAM 676 505.
2. TAHSILDAR, NILAMBUR, MALAPPURAM 679 329.
3. ADDITIONAL TAHSILDAR, NILAMBUR, MALAPPURAM 679 329.
4. VILLAGE OFFICER, WANDOOR, MALAPPURAM 679 328.
5. DISTRICT SUPERINTENDENT OF SURVEY, MALAPPURAM 676 505.
BY GOVERNMENT PLEADER SRI.JOSEPH GEORSGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-05-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
WP(C).No. 10593 of 2016 (Y)
APPENDIX
PETITIONER(S)' EXHIBITS
....2/-
PJ
..2..
WP(C).No. 10593 of 2016 (Y)
P17TRUE COPY OF THE REPRESENTATION DATED 12/10/2015 SUBMITTED BEFORE R1.
RESPONDENT(S)' EXHIBITS
NIL.
/ TRUE COPY /
PJ
P.S. TO JUDGE
P.B. SURESH KUMAR, J.
-----------------------------------------------W.P.(C).No. 10593 of 2016
-----------------------------------------------Dated this the 19th day of May, 2016
JUDGMENT
The limited prayer made by the petitioner at the time of admission is for a disposal of Ext.P16 representation submitted before the third respondent. Ext.P16 is the representation filed by the petitioner requesting the third respondent to effect mutation of the property owned by him and his siblings. Having regard to the facts and circumstances of the case, I am of the view that the said prayer of the petitioner can be granted.
In the result, the writ petition is allowed and the third respondent is directed to consider Ext.P16 representation and take appropriate decision thereon, after affording the
W.P.(C).No. 10593 of 2016
-2-
petitioner an opportunity for hearing, within a period of one month from today. The petitioner is free to produce a
certified copy of this judgment for compliance before the
third respondent.
Sd/-
P.B. SURESH KUMAR JUDGE
bpr
2 issues framed by the court
Whether the third respondent should consider the petitioner's representation for mutation of property.
Whether the petitioner should be afforded an opportunity of hearing regarding the mutation request.
Abdul Samad
District Collector, Civil Station, Malappuram
Tahsildar, Nilambur, Malappuram
Additional Tahsildar, Nilambur, Malappuram
Village Officer, Wandoor, Malappuram
District Superintendent of Survey, Malappuram
P.B.Suresh Kumar
P.J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
