Allowed

Sethu Anna Varghese v. Additional Tahsildar

Kerala HC29 Jun 2017WP(C)/2999/2017

Case brief

AI extract

What is this about?

A Writ Petition (Civil) challenging revenue orders was decided on 29-06-2017 by the High Court of Kerala. The Court allowed the petition and set aside the impugned orders based on a prior decision in Devassia v. Sub Registrar, directing respondents to effect the petitioner's mutation.

What did the court decide?

Dismissed impugned orders; directed respondents to effect mutation sought by the petitioner.

Sethu Anna Varghese Vs Additional Tahsildar — Kerala HC (2017) — LawSathi Research

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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 P.B.SURESH KUMAR

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THURSDAY, THE 29TH DAY OF JUNE 2017/8TH ASHADHA, 1939

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WP(C).No. 2999 of 2017 (Y)

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PETITIONER:

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SETHU ANNA VARGHESE W/O.SIBU KOZHY JACOB, POOPALLIL HOUSE, KUTTAPUZHA, THIRUVALLA RAILWAY STATION P.O, THIRUVALLA REPRESENTED BY HER FATHER AND POWER OF ATTORNEY HOLDER M.V. VARGHESE, MADAPARAMBIL HOUSE, K.P.VALLAN ROAD, KADAVANTHARA DESOM, ELAMKULAM VILLAGE, ERNAKULAM DISTRICT

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BY ADVS.SRI.K.BALACHANDRAN (MANGALATH) SRI.RAJESH NAIR

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RESPONDENTS:

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1.ADDITIONAL TAHSILDAR KOTHAMANGALAM, TALUK OFFICE, KOTHAMANGALAM

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2.REVENUE DIVISIONAL OFFICER MUVATTUPUZHA MINI CIVIL STATION, MUDAVOOR PO, MUVATTUPUZA 686669

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3.SECRETARY STATE LAND BOARD, THIRUVANANTHAPURAM

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R1-R3 BY SPECIAL GOVERNMENT PLEADER SRI. K.J. MOHAMED ANZAR

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THIS WRIT PETITION (CIVIL)HAVING COME UP FOR ADMISSION ON 29-06-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 2999 of 2017 (Y)

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APPENDIX

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PETITIONER EXHIBITS:

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EXHIBIT	P1 COPY OF GIFT DEED NO. 4396/14 DATED 23.09.2014
EXHIBIT	P2 COPY OF PROCEEDINGS DATED 27.09.78 OF THE TALUK LAND BOARD, KUNNATHUNAD IN LIO-S.R.1/73/KND
EXHIBIT	P3 COPY OF PROCEEDINGS DATED 23.09.1981 IN NO.L.IO.R.O./1/81/KND
EXHIBIT	P4 COPY OF PROCEEDINGS DATED 20.06.2016 OF THE 1ST RESPONDENT.
EXHIBIT	P5 COPY OF JUDGMENT DATED 13.02.2015 IN WP(C).NO. 31477/2011
EXHIBIT	P7 COPY OF THE APPEAL MEMORANDUM DATED 08.08.2016 FILED BY THE PETITIONER
EXHIBIT	P8 COPY OF THE PROCEEDINGS DATED 21.10.2016 OF THE 2ND RESPONDENT

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RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE

bng

P.B. SURESH KUMAR, J.

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W.P.(C) No.2999 of 2017

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Dated this the 29^th day of June, 2017

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JUDGMENT

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The issue raised in this writ petition is covered in

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favour of the petitioner by the decision of this Court in Devassia v. Sub Registrar [2015(1) KLT 825]. In the light of the said decision, the writ petition is allowed, the impugned orders are set aside and the respondents concerned are directed to effect mutation sought by the petitioner. However, it is made clear that this judgment will not preclude the authorities under the Land Reforms Act from initiating action against the property of the petitioner, if such an action is contemplated under the provisions contained in the Land Reforms Act.

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Sd/-

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P.B. SURESH KUMAR JUDGE

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bpr

Sethu Anna Varghese v. Additional Tahsildar

Case brief

What is this about?

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Sethu Anna Varghese v. Additional Tahsildar

Case brief

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