Petitioners, owners of land partially acquired for the Periyar Valley Irrigation Project, filed a writ petition seeking directions to finalize their mutation application. The court directed the Additional 3rd Respondent to process the application expeditiously.
Direction to the additional 3rd respondent to take up the application and finalize it within two 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.
WP(C) NO. 9339 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
MONDAY, THE 12TH DAY OF JULY 2021 / 21ST ASHADHA, 1943
WP(C) NO. 9339 OF 2021
PETITIONER/S:
1 YOHANNAN AGED 79 YEARS S/O. MATHAI, MURIMATTATHIL HOUSE, POOTHRIKKA P.O, AIKKARANAD SOUTH VILLAGE, KUNNATHUNAD TALUK, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, VARGHESE, S/O. MATHAI, AGED 83 YEARS, MURIMATTATHIL HOUSE, POOTHRIKKA P.O, AIKKARANAD SOUTH VILLAGE, KUNNATHUNAD TALUK,
2 THANKAMMA AGED 77 YEARS W/O. YOHANNAN, MURIMATTATHIL HOUSE, POOTHRIKKA P.O, AIKKARANAD SOUTH VILLAGE, KUNNATHUNAD TALUK, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, VARGHESE, S/O. MATHAI, AGED 83 YEARS, MURIMATTATHIL HOUSE, POOTHRIKKA P.O, AIKKARANAD SOUTH VILLAGE, KUNNATHUNAD TALUK,
BY ADV BYJU KURIAKOSE
RESPONDENTS:
1 THE THAHASILDAR KUNNATHUNAD TALUK, PERUMBAVOOR P.O, ERNAKULAM DISTRICT - 683542 2 THE VILLAGE OFFICER, AIKKARANAD SOUTH VILLAGE, KUNNATHUNAD TALUK, KOLENCHERY P.O, ERNAKULAM DISTRICT – 682311. 3 ADDL R3 TAHSILDAR (LR), KUNNATHUNAD.
*(ADDITIONAL R3 IS IMPLEADED AS PER JUDGMENT DATED 12/07/2021 IN WPC 9339/21)
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SMT K AMMINIKUTTY SR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The 1st petitioner herein is the husband of the 2nd petitioner. They state that they used to own property having an extent of 3.55 Acres within the limits of Aikaranad South Village. Portions of the said property was acquired by the Government for the purpose of Periyar Valley Irrigation Project. Consequently, the property was divided into two separated by a canal. The northern portion was having an extent of 2.517 Acres and the southern portion was having an extent of 24.5 cents. It is the case of the petitioners that Irrigation authorities laid claim to portions of the said properties, which led to the institution of O.S.No.43/2011 on the files of the Munsiff Court, Kolenchery. By Ext.P1 judgment, the suit was decreed and the title, possession and enjoyment of the plaintiffs over the plaint ‘A’ schedule property which was marked in green colour in Ext.C3 plan appended to the decree was declared. It is submitted that the judgment has become final. The petitioners state that immediately thereafter, they approached the 1st respondent and filed an application dated 27.10.2020 seeking to effect mutation of the property. Their grievance is that no action has been taken. It is in the afore circumstances that they have approached this Court seeking a direction to the 1st respondent to take up Ext.P2 application and finalize the same.
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the petitioners and the learned Government Pleader.
The petitioner shall produce a copy of the writ petition along with this judgment before the additional 3rd respondent to ensure compliance.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE
IAP
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APPENDIX OF WP(C) 9339/2021
PETITIONER(S) EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN OS NO. 43/2011 DATED 26.08.2020 OF MUNSIFF COURT,KOLENCHERY. EXHIBIT P1(A) TRUE COPY OF THE DECREE IN OS NO. 43/2011 DATED 26.08.2020 OF MUNSIFF COURT, KOLENCHERY. EXHIBIT P2 REPRESENTATION DATED 27.10.2020 FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT.
RESPONDENT(S) EXHIBITS: NIL
Yohannan
Thankamma
The Tahasildar Kunnathunad Taluk
The Village Officer Aikkarand South Village
Addl R3 Tahsildar (LR) Kunnathunad
Raja Vijayaraghavan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
