Court directed the 2nd respondent (Tahsildar) to finalise land survey proceedings and transfer tax registry within three months, following the 1st respondent's direction to do so.
Directed the 2nd respondent to finalise the proceedings evidenced by Ext.P18 within three months from receipt of judgment copy.
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 MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 22ND DAY OF MARCH 2024 / 2ND CHAITHRA, 1946
WP(C) NO. 11583 OF 2022
PETITIONER:
K.JAYACHANDRAN,
AGED 67 YEARS
S/O.KUMARAN, POURNAMI, NALLILA P.O., KOLLAM TALUK,
KOLLAM DISTRICT, PIN-691 515.
BY ADV I.S.LAILA
RESPONDENTS:
1 THE DISTRICT COLLECTOR, KOLLAM, CIVIL STATION ROAD, COLLECTORATE, KAANKATHU MUKKU, KOLLAM-691 013.2 THE TAHSILDAR (LR), KOLLAM TALUK, VHRM + 9G9, TALUK KACHERY, KOLLAM, KERALA-691 001.3 NEDUMPANA GRAMA PANCHAYAT, REPRESENTED BY SECRETARY, PALAMUKKU, NALLILA ROAD, NEDUMPANA, KERALA-691 576.4 THE VILLAGE OFFICER, NALLILA VILLAGE OFFICE, KOLLAM-691 515.5 THE TALUK SURVEYOR, TALUK SURVEY OFFICE, SLAUGHTERHOUSE ROAD, TALUK KACHERY, KOLLAM, KERALA-691 001.6SOMARAJAN,
S/O.PURUSHOTHAMAN, KAILAS BHAVAN, NALLILA CHERRY,
NALLILA P.O., KOLLAM-691 515.
BY ADVS.
SHRI.V.RENJITH KUMAR, SC, NEDUMPANA GRAMA PANCHAYAT
A.JANI(KOLLAM)
BY GP - DEEPA V.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22.03.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No. 11583 of 2022 : 2 :
VIJU ABRAHAM , J. =========================== WP(C) No. 11583 of 2022
============================ Dated this the 22nd day of March, 2024
J U D G M E N T
Petitioner has approached this Court seeking a direction to the
1st respondent to consider and pass orders on Ext.P12 representation, wherein transfer of registry was sought for in respect of the property having an extent of 5.27 ares and also to receive tax.
WP(C) No. 11583 of 2022 : 3 :
months from the date of receipt of a copy of this judgment with notice to the petitioner as well as the 6th respondent.
With the above said direction, the writ petition is disposed of.
Sd/- VIJU ABRAHAM JUDGE
sbk/-
WP(C) No. 11583 of 2022 : 4 :
APPENDIX OF WP(C) 11583/2022
PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE PARTITION DEED NO.2560 OF
1970 OF KANNANALLUR SRO.
Exhibit P2TRUE COPY OF THE PARTITION DEED NO.1212 OF
1992 DATED 27.04.1992.
Exhibit P3TRUE COPY OF THE SALE DEED NO.3304/92 IN
KANNANALLUR SRO DATED 30.10.1992.
Exhibit P4TRUE COPY OF THE OLD TAX RECEITPS DATED
24.08.1994.
Exhibit P5TRUE COPY OF THE ENCUMBRANCE CERTIFICATE
FROM 01.01.2970 TO 01.01.1994 DATED
10.12.2021 OF THE PROPERTY.
Exhibit P6TRUE COPY OF THE REPLY BASED ON RTI
APPLICATION FROM DEPUTY TAHSILDAR DATED
16.12.2013.
Exhibit P7TRUE COPY OF THE REPLY BASED ON RTI
APPLICATION FROM DEPUTY TAHSILDAR DTED
31.1.2014.
Exhibit P8TRUE COPY OF THE RELEVANT PORTIONS OF THE
PLAINT OF THE ABOVE SAID SUIT NO.1179 OF
2013 FILED BY THE 6TH RESPONDENT AGAINST
THE PETITIONER.
Exhibit P9TRUE COPY OF THE PLAINT IN THE ABOVE SUIT
IN OS NO.1524 OF 2014 FILED BY THE
PETITIONER AGAINST THE 6TH RESPONDENT.
Exhibit P10TRUE COPY OF THE SURVEY REPORT CUM
LOCATION SKETCH PREPARED BY THE TALUK
SURVEYOR OFFICE FOR THE KALLADA IRRIGATION
PROJECT IN 1994.
Exhibit P11TRUE COPY OF THE SURVEY REPORT CUM
LOCATION SKETCH AND EXPLANATION OF THE
VILLAGE OFFICER REPORTING THE SAME TO THE
CONCERNED TALUK OFFICE WITH REPORT DATED
05.03.2021.
Exhibit P12TRUE COPY OF THE REPRESENTATION FILED BY
THE PETITIONER TO THE 1ST RESPONDENT DATED
28.12.2021.
Exhibit P13TRUE COPY OF THE NOTICE HAVING
REF.NO.C/79/93 DATED 02/08/1994 ISSUED BY
THE SPECIAL TAHSILDAR, SHASTHAMCOTTA IS
PRODUCED HEREWITH.
Exhibit P14TRUE COPY OF THE RECEIPT FOR TR FEES
REMITTED BY THE PETITIONER DATED
27/07/2000 IS PRODUCED HEREWITH.
Exhibit P15TRUE COPY OF THE PARTITION DEED
WP(C) No. 11583 of 2022 : 5 :
NO.2560/1970 OF KANNANALLUR SRO WHICH IS
DETAILED AS EXHIBIT P1 IN THE WRIT
PETITION
Exhibit P16TRUE CLEAR COPY OF THE PARTITION DEED
NO.2560 OF 1970 OF KANNANALLUR SRO WHICH
IS DETAILED AS EXHIBIT PL
Exhibit P17TRUE COPY OF THE LETTER DATED 17-05-2023
ISSUED BY THE 1ST RESPONDENT SUMMONING THE
PETITIONER
Exhibit P18TRUE COPY OF THE DIRECTION OF THE 1ST
RESPONDENT TO THE 2ND RESPONDENT DATED 21-
06-2023 IN THE SUBJECT MATTER
2 issues framed by the court
Whether the writ petitioner should be directed to finalise land survey proceedings and transfer tax registry.
Whether the 2nd respondent should be ordered to finalise the proceedings within three months.
K.JAYACHANDRAN
THE DISTRICT COLLECTOR, KOLLAM
THE TAHSILDAR (LR), KOLLAM TALUK
NEDUMPANA GRAMA PANCHAYAT
THE VILLAGE OFFICER, NALLILA
THE TALUK SURVEYOR
VIJU ABRAHAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court