The Court directed the 2nd respondent to reconsider the petitioner's application for change of ownership. Ext.P5 was set aside, and the respondent was ordered to inspect the site and pass orders within one month.
Ext.P5 set aside. Respondent directed to reconsider application, conduct site inspection, and pass orders within one month.
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 MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
WP(C) NO. 1140 OF 2023
PETITIONER:
T.K.PRASAD AGED 66 YEARS S/O R. KRISHNAKURUP PRAKASH BHAVANAM PALLARIMANGALAM P.O THEKKEKARA VILLAGE THEKKEKARA TALUK ALAPPUZHA DISTRICT, PIN - 686671 BY ADVS. S.SHANAVAS KHAN S.INDU KALA G.NAMBIAR
RESPONDENTS:
1 AYROOR GRAMA PANCHAYAT AYROOR SOUTH P.O PATHANAMTHITTA PIN – 689611 REPRESENTED BY ITS SECRETARY,
2 THE SECRETARY AYROOR GRAMA PANCHAYAT AYROOR SOUTH P.O PATHANAMTHITTA, PIN - 689611 BY ADV SHRI.K.N.RADHAKRISHNAN, SC, AYROOR GRAMA PANCHAYAT
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 1st day of February, 2023.
This writ petition is filed seeking the
following reliefs:-
“ i. Call for the records leading to Ext.P5 and quash the same by issuing a Writ of Certioriari
ii. Issue a writ of Mandamus or any other appropriate writ, order or direction directing the 2nd respondent to reconsider the application of the petitioner for change of ownership of the property and building in Ext.P1 sale deed.”
and the learned Standing Counsel appearing for the respondents.
the petitioner that by Ext.P1 document the petitioner purchased an extent of 236 sq.ft. of building having Door No.6/277 along with 21.99 sq.mts. of land situated in Survey No.302/2 in Block No.2 of Ayroor Village, Ranni Taluk, Pathanamthitta District. It is
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submitted that pursuant to Ext.P1, the property and a part of the building were mutated in the name of the petitioner and Ext.P2 is the land tax receipt in respect of the same. Possession certificate was also issued by the Village Officer as evidenced by Ext.P3. The petitioner submitted an application for change of ownership of the building. However, the same was rejected by Ext.P5, stating that in the application, the details of the building and the ward number are not mentioned. It is further stated that the portion of the building which was purchased by the petitioner has not been clearly identified.
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the rejection is completely untenable.
respondent Panchayath submits that a proper application is to be filed by the petitioner.
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Raj (Property Tax Service Cess and Surcharge) Rules 2011 shall also be taken into account by the Secretary while passing orders as directed above. Appropriate orders shall be passed within a period of one month from the date of receipt of a copy of this judgment. For facilitating a proper consideration, Ext.P5 shall stand set aside.
Sd/ANU SIVARAMAN JUDGE
SSK/01/02
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APPENDIX
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SALE DEED DATED 13/10/2022 BEARING NO. 1338/22 OF ARANMULA SUB REGISTRY OFFICE Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 02/11/2022 ISSUED FROM AYROOR VILLAGE OFFICE Exhibit P3 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 15/11/2022 ISSUED BY AYROOR VILLAGE OFFICE Exhibit P4 TRUE COPY OF THE RECEIPT DATED 24/12/2022 Exhibit P5 TRUE COPY OF THE COMMUNICATION DATED 26/12/2022 OF THE 2ND RESPONDENT
1 issue framed by the court
Whether the rejection of the petitioner's application for change of ownership of the property was justified given the details in the sale deed.
1 provisions across 1 enactments
T.K. Prasad
Ayroor Grama Panchayat
The Secretary, Ayroor Grama Panchayat
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
