Disposed

Manoj Kuriakose v. State of Kerala

Kerala HC11 Mar 2024WP(C)/12207/2023

Case brief

AI extract

What is this about?

Writ petition seeking direction to the Land Revenue Commissioner to decide an application for mutation of land obtained under a will, based on a favourable report recommending transfer of registry. The court directed the petitioner to file a fresh application before the Tahsildar and ordered its disposal within 45 days.

What did the court decide?

Direction to petitioner to apply before the Tahsildar within 10 days and to the 3rd respondent to decide it within 45 days after hearing, taking into account Ext.P3 report.

Manoj Kuriakose Vs State of Kerala — Property and Title | Kerala HC (2024)

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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 VIJU ABRAHAM

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MONDAY, THE 11TH DAY OF MARCH 2024 / 21ST PHALGUNA, 1945
WP(C) NO. 12207 OF 2023

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PETITIONER:

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MANOJ KURIAKOSE, AGED 56 YEARS
S/O. (LATE) KURIAKOSE, KUTTOMPARAMBIL HOUSE,
AMACHADI THURUTHU, MANAKKUNNAM, POOTHOTTA P.O,
ERNAKULAM DISTRICT, PIN - 682307

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BY ADVS.
K.J.MOHAMMED ANZAR
MUHAMMED ASHIQUE
P.K.MINIMOLE
A.RADHAKRISHNAN NAIR

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RESPONDENTS:

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1STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY (REVENUE),
SECRETARIATE, THIRUVANANTHAPURAM, PIN - 695001

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2THE LAND REVENUE COMMISSIONER
OFFICE OF THE COMMISSIONER OF LAND REVENUE,
KERALA PUBLIC OFFICE BUILDING, MUSEUM ROAD,
VIKAS BHAVAN P.O., THIRUVANANTHAPURAM,
PIN - 695033

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3THE TAHSILDAR (LR)
TALUK OFFICE, CHERTHALA,
ALAPPUZHA DISTRICT, PIN - 688524

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4THE VILLAGE OFFICER
PANAVALLI VILLAGE OFFICE, PANAVALLI,
CHERTHALA TALUK, ALAPPUZHA DISTRICT,
PIN - 688526

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OTHER PRESENT:

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SR.GP - DEEPA NARAYANAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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11.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) No.12207 of 2023

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VIJU ABRAHAM, J.

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W.P (C) No.12207 of 2023

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................................................................. Dated this the 11^th day of March, 2024

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JUDGMENT

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Petitioner has approached this Court seeking a direction to the 2^nd respondent to consider and pass orders on Ext.P2 application. Petitioner claims that he has obtained certain extent of land as per Ext.P1 Will. As mutation of the property was not effected, petitioner’s mother submitted Ext.P2 application before the 2^nd respondent seeking a direction to the authorities concerned to see that the property is mutated in her name. As part of enquiry on Ext.P2 application the 2^nd respondent has called for a report from the 4^th respondent through the Additional Tahsildar, Cherthala and obtained Ext.P3 report. Petitioner submits that a perusal of Ext.P3 would reveal that the same is submitted in favour of the petitioner wherein transfer of registry was recommended.

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Learned Government Pleader upon instruction submitted that necessary application in this regard has to be filed before the 3^rd respondent and if an application is filed by the petitioner before the 3^rd respondent, the same will be considered and appropriate orders will be

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WP(C) No.12207 of 2023

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passed taking into consideration Ext.P3 report submitted by the Additional Tahsildar, Cherthala.

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In view of the same, the writ petition is disposed of as follows:

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Petitioner shall submit necessary application for effecting mutation within a period of ten days from the date of receipt of a copy of the judgment. If an application is filed as directed, the 3^rd respondent shall pass appropriate orders on the same in accordance with law after affording an opportunity of being heard to the petitioner and taking into consideration Ext.P3 report submitted by the Additional Tahsildar, Cherthala and a decision shall be taken within an outer limit of 45 days from the date of receipt of application filed by the petitioner.

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Sd/VIJU ABRAHAM JUDGE

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cks

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WP(C) No.12207 of 2023

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APPENDIX OF WP(C) 12207/2023

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PETITIONER EXHIBITS

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Exhibit P1A TRUE COPY OF THE WILL DATED
22.06.2022, EXECUTED BY THE DECEASED
MOTHER OF THE PETITIONER.
Exhibit P2TRUE COPY OF APPLICATION DATED
02.05.2012 FILED BEFORE THE 2ND
RESPONDENT
Exhibit P3TRUE COPY OF THE REPORT OF THE 4TH
RESPONDENT VILLAGE OFFICER DATED
01.10.2012 SUBMITTED TO THE ADDITIONAL
TAHSILDAR, CHERTHALA

Manoj Kuriakose v. State of Kerala

Case brief

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Manoj Kuriakose v. State of Kerala

Case brief

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