This court disposed of a writ petition filed by the petitioner, who sought a direction from the court to the 5th respondent, Village Officer, to expeditiously consider her application for mutation of 35.78 Ares of property devolved to her upon her husband's death.
Direction to the 5th respondent to consider the applicant's mutation application within two weeks.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
WP(C) NO. 525 OF 2023
PETITIONER:
JYOTHI PRADEEP
AGED 49 YEARS
W/O LATE CAPT. S. PRADEEP KUMAR ,KOYIKKAL SREE PARVAHY,
PERUNNA, PANACHIKAVU P.O CHANGANACHERRY VILLAGE ,
CHANGANACHERRY KOTTYAM, PIN - 686102
BY ADVS.
V.G.ARUN (K/795/2004)
V.JAYA RAGI
R.HARIKRISHNAN (KAMBISSERIL)
NEERAJ NARAYAN
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 6950012 DISTRICT COLLECTOR2ND FLOOR, COLLECTORATE, CIVIL STATION, KUDAPPANAKUNNU, THIRUVANANTHAPURAM, PIN - 6950433 REVENUE DIVISIONAL OFFICER1ST FLOOR, COLLECTORATE, CIVIL STATION, KUDAPPANAKUNNU, THIRUVANANTHAPURAM, PIN - 6950434 TAHSILDAR TALUK OFFICE, NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 6951215 VILLAGE OFFICER KULLATHUR VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM, PIN – 695583SRI. BIMAL K. NATH - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 525 OF 2023
JUDGMENT
Pursuant to the death of the husband of the petitioner, 35.78 Ares of property in Kulathoor Village, Neyyattinkara Taluk belonging to him devolved upon herself and her daughter. The petitioner applied for transfer of registry of the aforesaid extent of land before the Tahsildar which was made over to the Village Officer, as per Ext. P3. The grievance of the petitioner is that the 5th respondent Village Officer has not so far considered the application for mutation. Accordingly, the petitioner has approached this Court for a direction to the 5th respondent to effect mutation of the property.
In the facts and circumstances of the case, there will be a direction to the 5th respondent to consider the application of the petitioner for mutation referred to in
WP(C) NO. 525 OF 2023
3
Ext. P3, as expeditiously as possible, at any rate, within a period of two weeks from the date of receipt of a certified
copy of this judgment. The petitioner shall produce the required documents before the 5th respondent, if not already produced.
The writ petition is disposed of.
Sd/MURALI PURUSHOTHAMAN JUDGE
bnu
WP(C) NO. 525 OF 2023
4
APPENDIX
PETITIONER’S EXHIBITS
Exhibit P1A TRUE COPY OF THE LEGAL HEIR SHIP
CERTIFICATE BEARING NO. C2-8528/2019
DATED 03.03.2020 ISSUED BY THE TAHSILDAR
CHENGANACHERRY
Exhibit P2A TRUE COPY OF THE LAND TAX RECEIPT
BEARING THANDAPER NO.16705 IS DATED
21.04.2022 ISSUED BY THE VILLAGE OFFICER
KULLATHUR
Exhibit P3A TRUE COPY OF ORDER BEARING NO. K7-
40472/18/K.DIS DATED 07.11.2022 PASSED BY
THE TAHSILDAR, NEYYATTINKARA GIVING
DIRECTION TO THE VILLAGE OFFICER,
KULLATHUR
1 issue framed by the court
Whether the petitioner is entitled to a direction to the village officer to consider her application for mutation of the property within two weeks as under.
JYOTHI PRADEEP
STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT
DISTRICT COLLECTOR
REVENUE DIVISIONAL OFFICER
TAHSILDAR TALUK OFFICE, NEYYATTINKARA
VILLAGE OFFICER KULLATHUR
MURALI PURUSHOTHAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court