Single judge order directing the Revenue Divisional Officer to consider an appeal against land transfer denial and implead a non-implead complainant within three months.
The writ petition disposed of; Direction to 2nd respondent to implead Mariamma Rajan and dispose appeal within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
FRIDAY, THE 3RD DAY OF NOVEMBER 2017/12TH KARTHIKA, 1939
WP(C).No. 35198 of 2017 (Y)
PETITIONER :
TANKAMMA SAMUEL
AGED 87 YEARS, W/O. LATE OOMMAN SAMUEL KANDAMTH VEEDU, CHEMMANTHUR MURI, PUNALUR VILLAGE, PUNALUR TALUK, KOLLAM
BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL
RESPONDENTS :
1.
2.
3.
4.
5.
6. VALSA EEPPAN, W/O. LATE THOMAS, KAIVEETTIL, MAYYANADU, KOLLAM 691 001
WP(C).No. 35198 of 2017 (Y)
7. BOBY K. THOMAS S/O.LATE THOMAS, KAIVEETTIL, MAYYANADU, KOLLAM 691 001
8. ROBY K. THOMAS, S/O.LATE THOMAS, KAILVEETTIL, MAYYANADU, KOLLAM 691 001
R1 TO R5 BY SENIOR GOVERNMENT PLEADER
SRI.SURIN GEORGE IPE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-11-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
bp
WP(C).No. 35198 of 2017 (Y)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1: TRUE COPY OF THE JUDGMENT IN W.P(C) NO 3588/2013 EXHIBIT P2: TRUE COPY OF THE ORDER PASSED BY THE ADDITIONAL TAHASILDAR, PUNALUR DENYING TRANSFER OF REGISTRY OF 3 CENTS OF LAND COVERED BY SETTLEMENT DEED NO 791/2015
EXHIBIT P3: TRUE COPY OF THE COPY OF THE SETTLEMENT DEED NO 791/2015 EXECUTED BY THE PETITIONER IN FAVOUR OF HER DAUGHTER JOY THOMAS
EXHIBIT P4: TRUE COPY OF THE ORDER PASSED BY THE ADDITIONAL TAHASILDHAR DATED 28-10-2015
EXHIBIT P5: TRUE COPY OF THE INFORMATION FURNISH BY THE VILLAGE OFFICE, PUNALUR WITH RESPECT TO THE ENTIRE PROPERTY OWNED BY OMMEN SAMUEL
EXHIBIT P6: TRUE COPY OF THE APPEAL SUBMITTED BEFORE THE REVENUE DIVISIONAL OFFICER, KOLLAM
EXHIBIT P7: TRUE COPY OF THE ORDER PASSED BY THE REVENUE DIVISIONAL OFFICER STATING THAT APPEAL CANNOT BE ADMITTED
EXHIBIT P8: TRUE COPY OF THE PETITION TO CONDONE THE DELAY FILED ALONG THE APPEAL
RESPONDENT(S)' EXHIBITS :
NIL.
//TRUE COPY//
P.A. TO JUDGE
bp
K. VINOD CHANDRAN, J.
===================== W.P.(C)No.35198 of 2017 - Y
========================= Dated this the 03rd day of November, 2017
Judgment
The petitioner is aggrieved with the fact that the
appeal filed at Ext.P8 is not being considered by the 2nd respondent R.D.O.
appeal has been filed against Ext.P4 and it refers to one Mariamma Rajan, who had filed a complaint, on which Ext.P4 order was passed. Mariamma Rajan is not seen impleaded in Ext.P8. Hence the petitioner would implead Mariamma Rajan in Ext.P8 and if such impleadment is made, the R.D.O, the 2nd respondent herein, after hearing the appellants and the respondents in the appeal, shall dispose of the matter, at any rate, within a period of three months from the date of
2
W.P.(C) No.35198/2017
appearance of the respondents. It is made clear that this Court has not made any observations on merits, which the 2nd respondent will consider, in accordance with law.
The writ petition would stand disposed of. No costs.
Sd/-
K. VINOD CHANDRAN, JUDGE
SB/03/11/2017
// true copy //
P.A to Judge
TANKAMMA SAMUEL
DISTRICT COLLECTOR KOLLAM
REVENUE DIVISIONAL OFFICER KOLLAM
TAHASILDHAR TALUK OFFICE, PUNALUR
ADDITIONAL TAHASILDAR PUNALUR
VILLAGE OFFICER PUNALUR
K VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
