Disposed

M.B.Sajan v. State of Kerala

Kerala HC17 Nov 2016WP(C)/13475/2016

Case brief

AI extract

What is this about?

This judgment addresses a writ petition seeking directions for mutation of land in a sensitive area where enquiries into possession were pending. The Court ordered the filing of files and finalisation within four months and disposed of the petition.

What did the court decide?

Direction to transmit files to Special Tahsildar and finalise proceedings within four months. Writ petition disposed.

M.B.Sajan Vs State of Kerala — Land Acquisition | Kerala HC (2016)

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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 SHAJI P.CHALY

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THURSDAY, THE 17TH DAY OF NOVEMBER 2016/26TH KARTHIKA, 1938 WP(C).No. 13475 of 2016 (H) ---------------------------PETITIONER(S):

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------------- 1. M.B.SAJAN, S/O BASKARAN, AGED 50 YEARS, MAITHARA HOUSE, KANJIKKUZHI VILLAGE, CHERTHALA, ALAPPUZHA DISTRICT,PIN:688523.
2. T.V.JACOB, S/O VARGHESE, AGED 58 YEARS, NETTOORKOTT,POWER HOUSE, CHINNAKKANAL, IDUKKI,PIN:685618.
3. PRASANNAN,S/O KRISHNAN, AGED 54 YEARS, NEDUMPARAMPIL, VENAD THAVALAM, POWER HOUSE, CHINNAKKANAL, IDUKKI, PIN:685618.
4. BENNY, S/O KURIAKOSE, AGED 52 YEARS, PATHIYIL VEEDU, BIZENVELLEY, CHINNAKKANAL, IDUKKI, PIN:685618.
5. BASTIN R. S/O RAJU, AGED 50 YEARS, VENAD THAVALAM, POWER HOUSE, CHINNAKKANAL, IDUKKI, PIN:685618.
6. GEORGE ABRAHAM, S/O ABRAHAM, AGED 52 YEARS, MUDIYIL HOSUE, VENAD THAVALAM, POWER HOUSE, CHINNAKKANAL, IDUKKI, PIN:685618.
7. AKBAR, S/O MOIDEEN, AGED 54 YEARS, VADAKKEDATH HOUSE,VENAD THAVALAM, POWER HOUSE, CHINNAKKANAL, IDUKKI, PIN:685618.
8. NOUSHAD, S/O HAMZA, AGED 50 YEARS, INJAM VEETIL,VENAD THAVALAM, POWER HOUSE, CHINNAKKANAL, IDUKKI, PIN:685618.
BY ADVS.SRI.P.B.KRISHNAN SRI.SABU GEORGE SRI.P.M.NEELAKANDAN SRI.P.B.SUBRAMANYAN SRI.S.NITHIN (ANCHAL)

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WP(C).No. 13475 of 2016 (H)

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RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2. THE TAHASILDAR

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UDUMBANCHOLA TALUK OFFICE, UDUMBANCHOLA, IDUKKI-685 554.

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3. THE VILLAGE OFFICER CHINNAKKANAL VILLAGE OFFICE, UDUMBANCHOLA, IDUKKI, 685618.

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4. SPECIAL TAHSILDAR (LA) RAJAKUMARI, UDUMBANCHOLA, IDUKKI-685619.

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R1 TO R4 BY SPL.GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 13475 of 2016 (H)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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-------------- EXHIBIT P1:	--------- TRUE COPY OF	THE SALE DEED DATED	21.5.1997.
EXHIBIT P2:	TRUE COPY OF RESPONDENT NO	PATTA NO.LA24/93(C) .4.ON 29.6.1994.	ISSUED BY
EXHIBIT P3:	TRUE COPY OF RESPONDENT NO	PATTA NO.LA29/93(F) .4 ON 29.6.1994.	ISSUED BY
EXHIBIT P4:	TRUE COPY OF RESPONDENT NO	PATTA NO.LA27/93(D) .4 ON 29.6.1994.	ISSUED BY
EXHIBIT P5:	TRUE COPY OF RESPONDENT NO	PATTA NO.LA26/93(B) .4 ON 29.6.1994.	ISSUED BY
EXHIBIT P6:	TRUE COPY OF RESPONDENT NO	PATTA NO.LA25/93(C) .4 ON 29.6.1994.	ISSUED BY
EXHIBIT P7:	TRUE COPY OF RESPONDENT NO	PATTA NO.LA30/93(H) .4 ON 29.6.1994.	ISSUED BY
EXHIBIT P8:	TRUE COPY OF RESPONDENT NO	PATTA NO.LA33/93(H) .4 ON 29.6.1994.	ISSUED BY
EXHIBIT P9:	TRUE COPY OF RESPONDENT NO	PATTA NO.LA32/93(G) .4 ON 29.6.1994.	ISSUED BY
EXHIBIT P10:	TRUE COPY OF	THE REPORT DATED 30	.7.2015.
RESPONDENT(S)'	EXHIBITS :	NIL.
		//TRUE	COPY//
		P.A. T	O JUDGE

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SHAJI P. CHALY, J.

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W.P.(C). No. 13475 OF 2016

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Dated this the 17^th day of November, 2016

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JUDGMENT

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Petitioners are owners of various extents of land in various survey numbers situated in Chinnakkanal Village. Petitioners have moved the statutory authority under the Transfer of Registry Rules seeking to mutate the property. However, no action was initiated consequent to which petitioners have approached this Court by filing this writ petition, seeking appropriate direction.

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Respondents filed a counter affidavit basically contending that the properties belonging to the petitioners are situated in a sensitive area, wherein enquiry with respect to the possession and ownership are going on. A Special Tahsildar, namely, the fourth respondent is appointed to tackle the situation, with respect to the applications filed by any owners in possession seeking transfer of registry.

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W.P.(C). No. 13475 OF 2016

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According to the learned Special Government Pleader, atleast four months time is required to complete the enquiry. Since a Special Tahsildar is deputed to conduct the enquiry, with respect to issuance of transfer of registry, the second respondent will transmit all the files in respect of the petitioners, to the fourth respondent, within two weeks from today and the fourth respondent shall finalise the proceedings, within four months thereafter. A certified copy of this judgment produced by the petitioner will be an authority to the fourth respondent to proceed with the matter.

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Writ petition is disposed of accordingly.

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SHAJI P. CHALY JUDGE

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DCS

M.B.Sajan v. State of Kerala

Case brief

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M.B.Sajan v. State of Kerala

Case brief

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