Remanded

Sukesh S.V Nair v. State of Kerala

Kerala HC21 Jan 2016WP(C)/3002/2014

Case brief

AI extract

What is this about?

In a writ petition regarding refusal to effectuate land mutation, the Court directed the Tahasildar to verify the petitioner's claim. The State argued a civil dispute existed, while counsel for the petitioner claimed all civil suits were over. The Court ordered verification and a decision within two months if no civil suits remain.

What did the court decide?

The Tahasildar directed to verify the claim and take a decision on mutation within two months if no civil suits are pending.

Sukesh S.V Nair 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 21ST DAY OF JANUARY 2016/1ST MAGHA, 1937

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WP(C) NO.3002 OF 2014 (A)

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PETITIONER(S):

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

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SUKESH S.V NAIR, S/O.N.SUKUMARAN NAIR, SUKESH BHAVAN, MUTTUKONAM KUDAVOOR P.O., THIRUVANANTHAPURAM.

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BY ADVS.SRI.S.RAMESH SRI.S.D.ASOKAN

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RESPONDENT(S):

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

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

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2. THE DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM-695001.

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3. THE TAHSILDAR,

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THIRUVANANTHAPURAM TALUK, THIRUVANANTHAPURAM DISTRICT-695001.

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4. THE VILLAGE OFFICER

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MELTHONNAKKAL VILLAGE, THIRUVANANTHAPURAM-695001.

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BY GOVERNMENT PLEADER SRI. GIKKU JACOB

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-01-2016, ALONG WITH WPC NO.3003 OF 2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).NO. 3002 OF 2014 (A)

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APPENDIX

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PETITIONER(S) -------------	' EXHIBITS : ----------
EXHIBIT P1 :	COPY OF THE DECREE DATED 12-7-1991 PASSED BY THE ADDL.SUB COURT, ATTINGAL.
EXHIBIT P2 :	COPY OF THE ORDER DATED 29-6-2002 PASSED BY THE COURT OF SUB JUDGE, ATTINGAL IN EP NO.49/2000 IN OS NO.164/1991.
EXHIBIT P3 :	COPY OF THE SALE DEED NO.1818/08 DATED 1-4-2008.
EXHIBIT P4 :	COPY OF THE LAND TAX RECEIPT ISSUED BY THE 4TH RESPONDENT DATED 30-12-2011 EVIDENCING RECEIPT OF LAND TAX.
EXHIBIT P5 :	COPY OF THE DEATH CERTIFICATE DATED 4-4-2013 ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS.
EXHIBIT P6 :	COPY OF THE RECEIPT DT.3-5-2012 EVIDENCING PAYMENT OF APPLICATION FEE FROM THE PETITIONER FOR EFFECTING MUTATION.
RESPONDENT(S) -------------	' EXHIBITS : NIL -----------

/ TRUE COPY /

P.A. TO JUDGE

A. MUHAMED MUSTAQUE, J.

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W.P.(C). Nos.3002 & 3003 of 2014 ---------------------------------Dated this the 21^st day of January, 2016

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J U D G M E NT

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The petitioners approached this Court on

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account of refusal to effect mutation.

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Learned Government Pleader submits that on

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account of a civil dispute, the revenue officials refused to

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act upon.

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Learned counsel for the petitioners would submit that civil suits are over and there is no attachment or any other directions from the Civil court.

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Having heard both sides, this Court is of the view that the Tahasildar shall verify the claim of the petitioner and if there are no civil suits and all suits have been culminated, appropriate decision shall be taken after hearing the petitioners as well as other affected persons within a period of two months from the date of receipt of a copy of this judgment.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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NS/22/01/2016

Sukesh S.V Nair v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sukesh S.V Nair v. State of Kerala

Case brief

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