Allowed

M.R.Valsakumar v. State of Kerala

Kerala HC11 Feb 2016WP(C)/2797/2014

Case brief

AI extract

What is this about?

Petitioner, legal heir of a deceased mother allotted Chengara land, filed W.P. seeking identification and mutation in his name. Court directed Tahsildar to identify property and transfer registry within three months, subject to State's right of resumption under law.

What did the court decide?

Directed Tahsildar to identify property and make transfer of registry in petitioner's name within three months, subject to State's right of resumption.

M.R.Valsakumar 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 A.MUHAMED MUSTAQUE

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THURSDAY, THE 11TH DAY OF FEBRUARY 2016/22ND MAGHA, 1937

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WP(C).No. 2797 of 2014 (Y)

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PETITIONER :

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

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M.R. VALSAKUMAR, S/O. VALSALA KUMARI, MUNDAPLAKKAL HOUSE, ANGADI, RANNY TALUK, PATHANAMTHITTA DISTRICT.

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BY ADV. SRI.UNNI. K.K. (EZHUMATTOOR)

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RESPONDENTS :

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

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

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2. DISTRICT COLLECTOR, COLLECTORATE, IDUKKI- 68562

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3. TAHSILDAR

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TALUK OFFICE, DEVIKULAM, MUNNAR IDUKKI DISTRICT. PIN - 685613.

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4. VILLAGE OFFICER, VILLAGE OFFICE, KEEZHANTHOOR, DEVIKULAM TALUK, IDUKKI DISTRICT-685613.

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R1 TO R4 BY GOVERNMENT PLEADER SMT. SUSHEELA R. BHAT

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 2797 of 2014 (Y)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1: TRUE COPY OF THE DEATH CERTIFICATE OF VALSALAKUMARI. P2: TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE ISSUED BY THE TAHASILDAR, RANNY.

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P3: TRUE COPY OF THE ORDER OF ASSIGNMENT UNDER THE LAND ASSIGNMENT RULE.

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P4: TRUE COPY OF THE PATTA ISSUED TO THE MOTHER OF THE PETITIONER. P5: TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER ON 20-3-2013.

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P6: TRUE COPY OF THE VISITORS PASS ISSUED BY THE 2ND RESPONDENT. P7: TRUE COPY OF THE REPRESENTATION SUBMITTED.

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RESPONDENT(S)' EXHIBITS : NIL.

//TRUE COPY//

P.A . TO JUDGE

A.MUHAMED MUSTAQUE, J.

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================== W.P.(C).No. 2797 of 2014

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==================

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Dated this the 11^th day of February, 2016

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J U D G M E N T

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The petitioner's mother was alloted with a land having extent of 50 cents as part of 'Chengara Package' by the Government of Kerala in resurvey 4/1 in Block No.50 (Plot No.467) of Keezhanthoor Village. His mother is no more. The petitioner seeks a direction to the respondents to measure the property and to identify the same and also to effect mutation in his name. In the counter it is submitted as follows:

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“5. The patta holder as per LA 242/10 Smt. Valsalakumari has died on 29.06.11 and the legal heir Sri. Valsakumar (S/o Valsalakumary) had submitted an application to include him in the Thandapper for tax remittance. On verification of records in this office it is understood that no Thandapper has been allotted to pattas issued in favour of the “Chengara land protesters”. The land already recommended for distributing to the protesters is not suitable for residential purpose. Hence, the said land is recommended to be handed over to the Forest Department by this office.”

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It is to be noted that the land has been already

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assigned to the petitioner's mother. Certainly, the land is now

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belongs to the petitioner. Therefore unless Government takes

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: 2 :-

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W.P.(C).No. 2797 of 2014

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measures for resumption of the land, the respondents are duty bound to identify the property and to effect transfer of registry in favour of the petitioner's. Therefore the following directions are issued.

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i. The Tahsildar shall identify the property and after identification, make transfer of registry in favour of the petitioner being the legal heir of Valsala Kumari.

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ii. Needful shall be done within a period of three months from the date of receipt of the copy of this judgment. However this will be subject to the right of the State to resume the land in accordance with the law.

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The writ petition is disposed of, as above.

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sd/-

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sab

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A.MUHAMED MUSTAQUE, JUDGE

M.R.Valsakumar v. State of Kerala

Case brief

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M.R.Valsakumar v. State of Kerala

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