Disposed

Girijadevi, v. State of Kerala

Kerala HC13 Oct 2023WP(C)/18130/2023

Case brief

AI extract

What is this about?

In a writ petition, the petitioner sought mutation of land including excess area found in resurvey. The High Court of Kerala directed the Tahsildar to consider the mutation application under specific rules within three months.

What did the court decide?

Direction to the 3rd respondent to consider the application for mutation of the entire extent of land within three months after hearing the petitioner.

Girijadevi, Vs State of Kerala — Land Acquisition | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 13^TH DAY OF OCTOBER 2023 / 21ST ASWINA, 1945 WP(C) NO. 18130 OF 2023

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PETITIONER:

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GIRIJADEVI, AGED 61 YEARS W/O.T.SASIDHARAN, PAVANA HOUSE, VALLUVALLY, KOONAMMAVU PO, ERNAKULAM DISTRICT -, PIN - 683518

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BY ADVS. M.A.ZOHRA AKBAR ZAHEER A.N.

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LAND REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-, PIN - 695 001.

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2 THE DISTRICT COLLECTOR, COLLECTORATE KAKKANAD, ERNAKULAM DISTRICT-PIN - 682 030.

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3 THE TAHSILDAR (LR), TALUK OFFICE, NORTH PARAVUR, ERNAKULAM-, PIN - 683513

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4 THE TALUK SURVEYOR, TALUK OFFICE, NORTH PARAVUR, ERNAKULAM-, PIN - 683513

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5 THE VILLAGE OFFICER, PARAVUR VILLAGE OFFICE NORTH PARAVUR, ERNAKULAM-, PIN - 683513 SRI. BIMAL NATH-GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION

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ON 13.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).No. 18130 of 2023

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MURALI PURUSHOTHAMAN, J.

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W.P.(C).No. 18130 of 2023

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Dated this the 13^th day of October, 2023

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JUDGMENT

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The petitioner states that she is the owner in

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possession of 20.89 Ares of land in Kottuvally Village of North Paravur obtained by virtue of Ext.P1 partition deed.

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According to the petitioner, pursuant to Ext.P1, the property

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has been mutated and land tax is paid in respect of the

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entire 20.89 Ares of land. According to her, after the

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resurvey, an extent of 1.02 Ares of land was found to be in

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excess and she has been in possession of the said 1.02 Ares

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of land from 1987 and that land tax has to be collected in

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respect of the entire extent of land including the said 1.02

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Ares of land. The petitioner is aggrieved by the refusal on

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W.P.(C).No. 18130 of 2023

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the part of the 3rd respondent to effect mutation for the

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entire extent of land including 1.02 Ares of land.

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Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents.

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In the facts and circumstances of the case, there will be a direction to the 3rd respondent to consider the application of the petitioner for mutation in respect of the entire extent of land covered by Ext.P1 partition deed and

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1.02 Ares of land which is found to be in excess, taking into account the provisions contained under Rule 28 of the Transfer of Registry Rules, 1966 and after hearing the petitioner. Orders as above shall be passed within a period of three months from the date of receipt of a copy of this judgment. Petitioner shall also produce a copy of the writ petition along with exhibits before the 3rd respondent.

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W.P.(C).No. 18130 of 2023

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The Writ Petition is disposed of.

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sd/-

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rps/ MURALI PURUSHOTHAMAN, JUDGE

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W.P.(C).No. 18130 of 2023

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APPENDIX OF WP(C) 18130/2023

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PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF PARTITION DEED DOCUMENT NO.3541/1987 DATED 23-9-1987 OF THE SRO PARAVUR Exhibit P2 TRUE COPY OF THE SURVEY SKETCH DATED 19/10/2022 IN RELATION TO THE PETITIONER'S PROPERTY ISSUED BY THE 4 TH RESPONDENT Exhibit P3 TRUE COPY OF THE TAX RECEIPT DATED 13/4/2023 ISSUED BY THE VILLAGE OFFICE Exhibit P4 TRUE COPY OF THE THANDAPER ACCOUNT DETAILS GIVEN BY THE 5 TH RESPONDENT ON 15-11-2022 FOR ONLY 14.64 ARES

Girijadevi, v. State of Kerala

Case brief

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Girijadevi, v. State of Kerala

Case brief

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