Allowed

Anila Milton v. Thasildar (Land Records), Kochi Taluk

Kerala HC10 Feb 2020WP(C)/1467/2020

Case brief

AI extract

What is this about?

This writ petition directed the Revenue Authority to effect mutation of property rights in favor of the petitioner based on a valid settlement deed. The High Court held that a pending civil suit for injunction was not a valid ground to deny mutation.

What did the court decide?

Directed the 1st and 2nd respondents to effect mutation based on Ext.P1 within a week, subject to challenge by the 3rd respondent.

Anila Milton Vs Thasildar (Land Records), Kochi Taluk — Property and Title | Kerala HC (2020)

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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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MONDAY, THE 10TH DAY OF FEBRUARY 2020 / 21ST MAGHA, 1941

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WP(C).No.1467 OF 2020(G)

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PETITIONER:

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ANILA MILTON, AGED 49 YEARS, W/O. LATE MILTON, PUTHENPURACKAL HOUSE, PUTHUVYPPU.P.O., (D/O.PAULOSE @ FABIAN AND MARIAMMA, KUNNEL HOUSE), KOCHI TALUK, ERNAKULAM DISTRICT-682508.

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BY ADVS. SRI. SIRAJ KAROLY SRI. C.K.PREM RAJ

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RESPONDENTS:

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1 THAHSILDAR (LAND RECORDS), KOCHI TALUK, TALUK OFFICE, KOCHI-682001.

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2 THE VILLAGE OFFICER, PUTHUVYPE VILLAGE, PUTHUVYPE, KOCHI TALUK, ERNAKULAM DISTRICT - 682508.

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3 SHINI, AGED 40 YEARS, W/O.UNNI, PULIYEZATH HOUSE, PUTHUVYPPU.P.O., ERNAKULAM DISTRICT - 682508. SRI. S. GOPINATHAN – SR. GP R3 – SRI. PRAVEEN K. JOY SRI. T.A.JOY SRI. E.S.SANEEJ SRI. M.P.UNNIKRISHNAN SMT. M.K.SAMYUKTHA SRI. N.ABHILASH SMT. M.R.ESHRATH BAI SMT. BEENA JOSEPH SHRI.DEEPU RAJAGOPAL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.1467 OF 2020

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JUDGMENT

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Dated this the 10th day of February 2020

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The petitioner, based on a settlement deed executed by her mother in her favour, approached the Revenue Authority to effect mutation. That was not acted upon stating that a suit filed by the petitioner against her sibling is pending before the civil court.

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The suit was filed for injunction. That cannot be a reason to deny mutation. The petitioner is entitled to effect mutation pursuant to Ext.P1 deed. Accordingly, 1^st and 2^nd respondents are directed to effect mutation based on Ext.P1 within a week. However, this would be subject to any challenge made by the 3^rd respondent.

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WP(C).No.1467 OF 2020

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The writ petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE JUDGE

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SPR

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WP(C).No.1467 OF 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE SETTLEMENT DEED DATED 22.10.2007. EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT DATED 16.6.2012. EXHIBIT P3 TRUE COPY OF THE APPLICATION SUBMITTED TO THE 1ST RESPONDENT DATED 28.6.2019. EXHIBIT P4 TRUE COPY OF THE PLAINT IN O.S.NO.185 OF 2019 BEFORE THE MUNSIFF COURT, KOCHI. EXHIBIT P5 TRUE COPY OF THE PETITION SUBMITTED BY THE 3RD RESPONDENT DATED 4.5.2019. EXHIBIT P6 TRUE COPY OF THE REPLY BY THE 1ST RESPONDENT DATED 18.11.2019.

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RESPONDENT'S/S EXHIBITS: NIL.

Anila Milton v. Thasildar (Land Records), Kochi Taluk

Case brief

What is this about?

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Anila Milton v. Thasildar (Land Records), Kochi Taluk

Case brief

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