Petitioner sought mutation for property. Court dismissed petition due to non-production of original patta and directed petitioner to produce it before the Tahsildar within a week.
Petitioner directed to produce original patta within a week so mutation may be effected by Tahsildar within six weeks.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 8TH DAY OF JUNE 2017/18TH JYAISHTA, 1939
WP(C).No. 4310 of 2017 (K)
PETITIONER(S)/PETITIONER:
RADHAMANI AMMA, THAYYIL VEEDU, PERUMON P.O., PERINAD, KOLLAM.
BY ADV. SRI.B.KRISHNA MANI
RESPONDENT(S)/RESPONDENTS:
BY GOVERNMENT PLEADER SRI. SURIN GEORGE IYPE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-06-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
EL
WP(C).No. 4310 of 2017 (K)
APPENDIX
| PETITIONER(S)' -------------- |
EXHIB ------ |
ITS --- |
|||
|---|---|---|---|---|---|
| EXHIBIT P1 | TRUE 4/2/ |
COPY 1984 |
OF | THE | ORDER OF ASSIGNMENT DTD |
| EXHIBIT P2 | TRUE | COPY | OF | THE | PATTA DTD 24/1/1985 |
| EXHIBIT P3 | TRUE | COPY | OF | THE | TAX RECEIPT DTD 24/1/1985 |
| EXHIBIT P4 | TRUE PETI |
COPY TIONE |
OF R B |
THE EFOR |
APPLICATION SUBMITTED BY THE E THE RESURVEY SUPERINTENDENT |
| EXHIBIT P5 | TRUE | COPY | OF | THE | NOTICE DTD 7/1/2015 |
| EXHIBIT P6 | TRUE | COPY | OF | THE | NOTICE DTD 8/1/2015 |
| EXHIBIT P7 | TRUE BY T |
COPY HE SU |
OF RVE |
THE YOR |
REPORT DTD 30/1/2015 ISSUED |
| EXHIBIT P8 | TRUE ISSU |
COPY ED BY |
OF TH |
THE E HE |
PROCEEDING DTD 13/2/2015 AD SURVEYOR |
| EXHIBIT P9 | TRUE PROP |
COPY ERTY |
OF | THE | SKETCH IN RESPECT OF THE |
| EXHIBIT P10 | TRUE INFO |
COPY RMATI |
OF ON |
THE ACT. |
PROCEEDING UNDER THE RIGHT TO |
| EXHIBIT P11 | TRUE INFO |
COPY RMATI |
OF ON |
THE ACT |
PROCEEDING UNDER THE RIGHT TO |
| EXHIBIT P12 | TRUE | COPY | OF | THE | PROCEEDING DTD 24/4/2015 |
| EXHIBIT P13 | TRUE | COPY | OF | THE | PUBLIC NOTICE DTD 1/9/1983. |
| RESPONDENT(S)' -------------- |
EXHIB ------ |
ITS --- |
NIL
TRUE COPY
P.S. TO JUDGE
EL
P.B. SURESH KUMAR, J.
W.P.(C) No.4310 of 2017
Dated this the 8th day of June, 2017
JUDGMENT
The grievance of the petitioner concerns the inaction on the part of the respondents concerned in effecting mutation in respect of the property covered by Ext.P2 patta.
instructions, submits that the patta was issued in respect of the property coming under old survey No.4735 of Perinad Village and that the said Village has now been bifurcated and the properties in old survey No.4735 now comes under Resurvey No.3 of Panayam Village. It is also pointed out by the learned Government Pleader that a portion of the property in Resurvey No.3 of Panayam Village is shown in the revenue records as kayal puramboke and as such, without the aid of the original patta, they are unable to locate the property of the petitioner. It is also pointed by the learned Government Pleader that the
W.P.(C) No.4310 of 2017
-2-
petitioner has not produced the original of the patta, though she was called upon to produce the same for locating the property.
In the light of the submission made by the learned Government Pleader, the writ petition is disposed of directing the petitioner to produce the original of the patta, on the basis of which mutation is sought by the petitioner before the Tahsildar concerned, within a week from the date of receipt of a copy of this judgment. If the petitioner produces the original of the patta before the Tahsildar concerned as directed above, the Tahsildar shall immediately identify the property referred to in the patta and take appropriate action to effect mutation, within six weeks thereafter.
Sd/- P.B. SURESH KUMAR JUDGE
bpr
Radhamani Amma
The District Collector, Kollam
The Revenue Divisional Officer, Kollam
The Tahsildar, Kollam
The Village Officer, Panayam Village, Kollam District
The Taluk Surveyor, Kollam Taluk
As recorded by the court registry
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