Disposed

Thwalha Hassan v. the District Collector, Malappuram

Kerala HC17 Mar 2017WP(C)/2970/2017

Case brief

AI extract

What is this about?

This judgment directs the third respondent, Village Officer, to consider the petitioner's mutation application after notice. It further orders that if a dispute arises, the matter be transmitted to the second respondent, the Tahsildar, for a final decision within three months.

What did the court decide?

Direction to the third respondent Village Officer to consider the petitioner's mutation application after notice; transmission to Tahsildar if dispute arises for final decision within three months.

Thwalha Hassan Vs the District Collector, Malappuram — Writ and Judicial Review | Kerala HC (2017)

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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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FRIDAY, THE 17TH DAY OF MARCH 2017/26TH PHALGUNA, 1938

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WP(C).No. 2970 of 2017 (U)

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PETITIONER(S):

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THWALHA HASSAN,

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S/O. ALI HASSAN, AGED 24 YEARS, PALAKKOTTUPARAMBIL HOUSE, KODIYATHOOR, KOZHIKODE DISTRICT

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BY ADV. SRI.BABU S. NAIR

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RESPONDENT(S):

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1. THE DISTRICT COLLECTOR, MALAPPURAM, PIN 676 505

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2. THE TAHSILDAR, NILAMBUR TALUK, MALAPPURAM DISTRICT, PIN 679 329

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3. THE VILLAGE OFFICER, PULLIPPADAM VILLAGE, MALAPPURAM DISTRICT, PIN 676 542

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BY SENIOR GOVERNMENT PLEADER SMT.K.R.DEEPA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-03-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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SKG

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WP(C).No. 2970 of 2017 (U)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE DOCUMENT NO 500/2016 DATED, 30-01-2016 OF THE S.R.O., NILAMBUR
EXHIBIT P2 TRUE COPY OF THE PURCHASE CERTIFICATE ISSUED BY THE LAND TRIBUNAL, MANJERI DATED 6-1-2003 AS 231/2003
EXHIBIT P3 TRUE COPY OF THE PURCHASE CERTIFICATE ISSUED BY THE LAND TRIBUNAL,MANJERI DATED 6-1-2003 AS 233/2003
EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS OF THE LAND TRIBUNAL, MANJERI DATED, 11-09-2002 IN S.M. 87/2002
EXHIBIT P5 TRUE COPY OF THE PROCEEDINGS OF THE LAND TRIBUNAL MANJERI DATED 11-9-2002 IN S.M. 90/2002
EXHIBIT P6 TRUE COPIES OF THE POSSESSION CERTIFICATE ISSUED TO THE VENDER OF THE PROPERTIES DATED, 26-09-2002,2-09-2005 AND 24-12-2011 TOGETHER
EXHIBIT P7 TRUE COPIES OF THE TAX RECEIPTS ISSUED TO THE VENDOR OF THE PROPERTIES DATED 27-12-1991, 13-3-2002,31-10-2003 AND 26-05-2015 TOGETHER
EXHIBIT P8 TRUE COPY OF THE RECEIPT SHOWING THE PAYMENT OF FEES FOR MUTATION DATED 7-09-2016

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RESPONDENT(S)' EXHIBITS ----------------------NIL

/TRUE COPY/

P.S. TO JUDGE

SKG

SHAJI P. CHALY, J.

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W.P.(C). NO. 2970 OF 2017

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Dated this the 17^th day of March, 2017

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JUDGMENT

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Petitioner had purchased 73.45 Ares of properties comprised in R.S. No. 121 Part, of the Pullippadam Village from one V.P. Sakeer Hussain, as per document No. 500/2016, dated 30.01.2016, evident from Ext. P1. To put it short after the purchase, petitioner has submitted application, evident from Ext. P8 receipt issued by the Village Officer to effect mutation of the property, apparently under the provisions of the Transfer of Registry Rules, 1966. It is also submitted that all the documents pertaining to the ownership and possession of the property are submitted before the said authority. However, inspite of the earnest efforts of the petitioner, a finality is not attained to the same. These are the background facts projected by the petitioner to secure the reliefs sought for in the writ petition.

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Having heard learned counsel for the petitioner and learned Senior Government Pleader and perusing the

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W.P.(C). NO. 2970 OF 2017 2

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documents on record and the pleadings put forth by the petitioner, there will be a direction to the third respondent to take on board the application submitted by the petitioner, pertaining to Ext. P8 and consider the same, in accordance with law, after providing a notice of hearing to the petitioner, as well as any other interested or affected persons. Needless to say, if there is any dispute raised by any third person, the papers shall be transmitted to the second respondent to have a decision to the entire issue. A finality shall be attained within three months from the date of receipt of a copy of this judgment.

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Writ petition is disposed of accordingly.

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SHAJI P. CHALY JUDGE

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DCS

Thwalha Hassan v. the District Collector, Malappuram

Case brief

What is this about?

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Thwalha Hassan v. the District Collector, Malappuram

Case brief

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