Partly allowed

Madhu C.C v. State of Kerala

Kerala HC10 Oct 2023WP(C)/21823/2023

Case brief

AI extract

What is this about?

In this writ petition, the High Court of Kerala directed the Additional Tahsildar to effect mutation and receive land tax for a property covered by the petitioner's sale deed (Ext.P4), ordering the authorities to conclude the pending sub-division process within one month.

What did the court decide?

Direction to the Additional Tahsildar to consider the petitioner's application for mutation and pass appropriate orders, including receiving land tax, within one month.

Madhu C.C Vs State of Kerala — Property and Title | Kerala HC (2023)

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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 MURALI PURUSHOTHAMAN

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TUESDAY, THE 10TH DAY OF OCTOBER 2023 / 18TH ASWINA, 1945
WP(C) NO.21823 OF 2023

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PETITIONER:

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MADHU C.C, AGED 48 YEARS, S/O.CHANDRAN
POOLAKKAPARAMBU CHOLAKKAL HOUSE,
KATTUKULAM AMSOM DESOM, OTTAPPALAM TALUK,
PALAKKAD DISTRICT, PIN - 679514

¶7

BY ADVS.
T.K.SANDEEP
SWETHA R.
VEENA HARIKUMAR

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

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2 THE TAHSILDHAR OTTAPPALAM TALUK, OTTAPPALAM POST, PALAKKAD DISTRICT, PIN - 679101

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3 THE VILLAGE OFFICER POKKOOTTUKAVU VILLAGE, SREEKRISHNAPURAM POST, PALAKKAD DISTRICT, PIN – 679514

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*ADDL.4 THE TAHSILDAR [L.R], OTTAPPALAM

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ADDL.R4 IS SUO MOTU IMPLEADED AS PER JUDGMENT DATED 10.10.2023

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BY SRI.RIYAL DEVASSY, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.10.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C) NO.21823 OF 2023 2

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JUDGMENT

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Pursuant to Ext.P4 sale deed executed by the
Sub Court, Ottappalam in favour of the petitioner,
he submitted an application for mutation of the
property covered by Ext.P4. Since mutation was not
effected, the petitioner submitted Ext.P6
representation in response to which Ext.P7 letter
has been received from the Tahsildar [L.R],
Ottappalam stating that steps are being taken to
create sub-division of the property for the
purpose of effecting mutation. The prayer of the
petitioner is for a direction to the respondents
to effect mutation and to receive land tax in
respect of the property covered by Ext.P4.

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2. Heard the learned counsel for the
petitioner as well as the learned Government
Pleader appearing for the respondents.

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3. The learned Government Pleader submits that

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WP(C) NO.21823 OF 2023 3

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the Tahsildar [L.R], Ottappalam is not a party to
this writ petition. Accordingly, ‘The Tahsildar
[L.R], Ottappalam’ is suo motu impleaded as the
addl.4th respondent.

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4. In the facts and circumstances of the case,
there will be a direction to the additional 4th
respondent to take Ext.P7 to a logical conclusion.
The addl.4threspondent shall consider the
application of the petitioner for mutation and
pass appropriate orders as expeditiously as
possible, at any rate, within a period of one
month from the date of receipt of a certified copy
of this judgment.

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The writ petition is disposed of.

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Sd/-

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MURALI PURUSHOTHAMAN

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JUDGE

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sp/10/10/2023

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WP(C) NO.21823 OF 2023

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXHIBIT P1A TRUE COPY OF THE PROPERTY TAX RECEIPT
DATED10.09.2002ISSUEDBY
SREEKRISHNAPURAM VILLAGE TO CHINNAMMA
EXHIBIT P2A TRUE COPY OF THE JUDGMENT DATED
17.11.2015OFSUBORDINATECOURT
OTTAPPALAM IN O.S NO.76/2012
EXHIBIT P3A TRUE COPY OF THE JUDGMENT DATED
18.05.2021 OF THE HON'BLE HIGH COURT OF
KERALA IN RFA 410/2016
EXHIBIT P4A TRUE COPY OF THE SALE DEED NO.
1674/2022 DATED 07.03.2022 EXECUTED BY
THE SUB JUDGE OTTAPPALAM IN FAVOUR OF
THE PETITIONER
EXHIBIT P5A TRUE COPY OF THE COVERING LETTER
DATED21.11.2022GIVENBYTHE
PETITIONER TO THE VILLAGE OFFICER
EXHIBIT P6A TRUE COPY OF THE REPRESENTATION DATED
24.03.2023
EXHIBIT P7A TRUE COPY OF THE LETTER DATED
25.04.2023 ISSUED BY THE 2ND RESPONDENT

Madhu C.C v. State of Kerala

Case brief

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Madhu C.C v. State of Kerala

Case brief

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