Remeshan vs the State of Kerala

Remeshan vs The State of Kerala

Type Court Judgment Court Kerala Decided Nov 30, 2023

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https://sooperkanoon.com/case/1361505

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Citation: sooperkanoon.com/1361505
Court: Kerala High Court
Judge: Honourable Mr.Justice Murali Purushothaman
Decided On: Nov 30, 2023
Case Number: WP(C)/16417/2023

Parties & Advocates

Appellant / Petitioner

Remeshan

Respondent

The State of Kerala

Excerpt

.....the petitioner has preferred ext.p10 application in form 10 under rule 43 of the kerala survey and boundaries rules, 1964.4. respondents 5 & 6 have filed exts.r5(a) & wp(c) no.16417 of 2023 4 r5(b) applications respectively, under rule 28 of the transfer of registry rules before the 2nd respondent.5. heard the learned counsel for the petitioner, the learned senior government pleader for respondents 1 to 4 & 7 and the learned counsel for respondents 5 & 6.6. having heard the learned counsel on bothsides, i am of the view that the entire issuesraised in this writ petition can be given a complete quietus if ext.p10, ext.r5(a) & ext.r5(b) applications are directed to be considered by the respective statutory authorities.7. accordingly, there will be a direction tothe additional 7th respondent to consider ext.p10 application submitted by the petitioner, as expeditiously as possible, at any rate, within a wp(c) no.16417 of 2023 5 period of 7 months from the date of receipt of a certified copy of this judgment. further, there will be a direction to the 2nd respondent/tahsildar [land records] to consider exts.r5(a) & r5(b) applications submitted by respondents 5 & 6 within a period of three months from the date of receipt of a certified copy of this judgment. the writ petition is disposed of. sd/- murali purushothaman judge sp/30/11/23 wp(c) no.16417 of 2023 6 appendix petitioner’s exhibits:-exhibit p1 true copy of the residence certificate dated 18/06/2022 issued by the secretary, chettikulangara gramapanchayat. exhibit p1(a) true copy of the receipt dated electrical section office, thattarambalam in the name of the father of the first petitioner late. shri. kochucherukkan. exhibit p1(b) true copy of the ration card bearing no. 1421048224 issued by the taluk supply office, mavelikkara onexhibit p1(c) true copy of the election id card .....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN THURSDAY, THE 30TH DAY OF NOVEMBER 2023/9TH AGRAHAYANA, 1945 WP(C) NO.16417 OF 2023 PETITIONERS:
1 REMESHAN, AGED 43 YEARS, S/O.KOCHUCHERUKKAN, CHENKILATH THEKKETHIL HOUSE, MATTAM NORTH, THATTARAMBALAM P.O, MAVELIKKARA, ALAPPUZHA, PIN - 690103 2 REGHUKUMAR, AGED 51 YEARS, S/O.KOCHUCHERUKKAN, THATTARAMBALAM P.O, MAVELIKKARA, ALAPPUZHA, PIN - 690103 3 MANIYAMMA, AGED 53 YEARS, W/O.(LATE) CHANDRAN, THATTARAMBALAM P.O, MAVELIKKARA, 4 OMANA, AGED 62 YEARS, W/O.(LATE) NARAYANAN, THATTARAMBALAM P.O, MAVELIKKARA, ALAPPUZHA, PIN - 690103 BY ADVS. M.K.SUMOD VIDYA M.K. RAJ CAROLIN V. THUSHARA.K PADMA LAKSHMI
RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY SECRETARY TO THE GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM DISTRICT, PIN - 695001 WP(C) NO.16417 OF 2023 2
2 THE TAHASILDAR (LAND RECORDS) MAVELIKKARA TALUK OFFICE, KOOTTNADU, MAVELIKKARA, 3 THE VILLAGE OFFICER, KANNAMNGALAM VILLAGE OFFICE, THATTARAMBALAM-THRIKKUNNAPUZHA ROAD, THATTARAMBALAM, MAVELIKKARA, ALAPPUZHA DISTRICT, PIN - 690103 4 THE SUB REGISTRAR MAVELIKKARA SUB REGISTRAR OFFICE, KOOTTNADU, MAVELIKKARA, ALAPPUZHA DISTRICT, PIN - 690103 5 BALAN, AGED 60 YEARS, S/O.KRISHNAN, THATTARAMBALAM P.O, MAVELIKKARA, 6 SANTHA, AGED 62 YEARS D/O.KRISHNAN, CHENKILATH THEKKETHIL HOUSE, MATTAM NORTH, THATTARAMBALAM P.O, MAVELIKKARA,
*ADDL.7 TALUK SURVEYOR MAVELIKKARA TALUK, OFFICE OF THE TALUK SURVEYOR, MAVELIKKARA, ALAPPUZHA DISTRICT * [ADDL.R7 IS IMPLEADED AS PER ORDER DATED 30.11.2023 IN I.A. NO.1 OF 2023] BY ADVS. SMT.DEEPA NARAYANAN, SR.GOVERNMENT PLEADER SMT.SUJINI.S THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.16417 OF 2023 3

JUDGMENT

This writ petition has been filed challenging Ext.P9 order passed by the 2nd respondent refusing to effect mutation of the property belonging to the petitioner.

2. On 31.10.2023, the parties were relegated

to the Mediator, Mediation Centre, Mavelikkara to explore the possibility of a settlement. The Mediator has submitted a report that the parties could not settle their dispute through mediation.

3. There are rival claims as regards the

extent of land to be mutated in favour of the petitioner. The petitioner has preferred Ext.P10 application in Form 10 under Rule 43 of the Kerala Survey and Boundaries Rules, 1964.

4. Respondents 5 & 6 have filed Exts.R5(a) & WP(C) NO.16417 OF 2023 4 R5(b) applications respectively, under Rule 28 of the Transfer of Registry Rules before the 2nd respondent.

5. Heard the learned counsel for the petitioner, the learned Senior Government Pleader for respondents 1 to 4 & 7 and the learned counsel for respondents 5 & 6.

6. Having heard the learned counsel on both

sides, I am of the view that the entire issues

raised in this writ petition can be given a complete quietus if Ext.P10, Ext.R5(a) & Ext.R5(b) applications are directed to be considered by the respective statutory authorities.

7. Accordingly, there will be a direction to

the additional 7th respondent to consider Ext.P10 application submitted by the petitioner, as expeditiously as possible, at any rate, within a WP(C) NO.16417 OF 2023 5 period of 7 months from the date of receipt of a certified copy of this judgment. Further, there will be a direction to the 2nd respondent/Tahsildar [Land Records] to consider Exts.R5(a) & R5(b) applications submitted by respondents 5 & 6 within a period of three months from the date of receipt of a certified copy of this judgment. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE sp/30/11/23 WP(C) NO.16417 OF 2023 6 APPENDIX PETITIONER’S EXHIBITS:-

EXHIBIT P1               TRUE COPY OF THE RESIDENCE CERTIFICATE
                         DATED   18/06/2022   ISSUED   BY   THE
                         SECRETARY,    CHETTIKULANGARA    GRAMA

PANCHAYAT. EXHIBIT P1(A) TRUE COPY OF THE RECEIPT DATED ELECTRICAL SECTION OFFICE, THATTARAMBALAM IN THE NAME OF THE FATHER OF THE FIRST PETITIONER LATE. SHRI. KOCHUCHERUKKAN. EXHIBIT P1(B) TRUE COPY OF THE RATION CARD BEARING NO. 1421048224 ISSUED BY THE TALUK SUPPLY OFFICE, MAVELIKKARA ON

EXHIBIT P1(C)            TRUE COPY OF     THE ELECTION ID CARD
                         BEARING    NO.    DGC   1288208  DATED
EXHIBIT P2               TRUE COPY OF ELECTION ID CARD OF THE
                         SECOND     PETITIONER    BEARING   NO.

KL/16/109/333360 DATED 05/06/2007. EXHIBIT P3 TRUE COPY OF THE RATION CARD IN THE NAME OF THE THIRD PETITIONER WITH CARD NO. 1421085561 ISSUED ON 29/05/2019. EXHIBIT P3(A) TRUE COPY OF THE ELECTOR PHOTO IDENTITY CARD WITH ID NO. ALS0488353 IN THE NAME OF THE THIRD PETITIONER DATED WP(C) NO.16417 OF 2023 7 EXHIBIT P4 TRUE COPY OF THE RATION CARD IN THE NAME OF THE FOURTH PETITIONER WITH CARD NO. 1421006036. EXHIBIT P4(A) TRUE COPY OF THE ELECTOR PHOTO IDENTITY CARD OF THE FOURTH PETITIONER WITH ID NO. ALS0992073 DATED 23/10/2015.

EXHIBIT P5               TRUE COPY OF    THE LAND TAX RECEIPT
                         ISSUED BY THE   THIRD RESPONDENT DATED
EXHIBIT P6               TRUE COPY OF THE PETITION SUBMITTED

BEFORE THE THIRD RESPONDENT U/R. 28 OF THE T.R RULES, 1966 DATED 23/07/2022. EXHIBIT P7 TRUE COPY OF THE APPEAL FILED BEFORE THE SECOND RESPONDENT U/R. 28 OF THE T.R RULES, 1966 DATED 04/07/2022 ALONG WITH THE POSTAL RECEIPT. EXHIBIT P8 TRUE COPY OF THE JUDGEMENT IN WPC NO. 25970 OF 2022 DATED 08/11/2022.

EXHIBIT P9               TRUE COPY OF THE ORDER ISSUED BY THE
                         SECOND RESPONDENT BEARING NO. A10EXHIBIT P10              TRUE COPY OF THE FORM 10 APPLICATION
                         DATED   22/11/2023   SUBMITTED  BY   THE
                         PETITIONERS   BEFORE   TALUK   SURVEYOR,

MAVELIKKARA TALUK, ALAPUZHA DISTRICT ALONG WITH THE COVERING LETTER, SURVEY SKETCH AND POSTAL RECEIPT RESPONDENTS' EXHIBITS:- EXHIBIT R5(A) TRUE COPY OF THE APPLICATION UNDER RULE 28 OF THE TRANSFER OF REGISTRY RULES SUBMITTED BY THE 5TH RESPONDENT TOGETHER WITH RELEVANT DOCUMENTS WP(C) NO.16417 OF 2023 8 EXHIBIT R5(B) TRUE COPY OF THE APPLICATION UNDER RULE 28 OF THE TRANSFER OF REGISTRY RULES SUBMITTED BY THE 6TH RESPONDENT TOGETHER WITH RELEVANT DOCUMENTS

Same Court & Year Kerala · 2023 Same Parties Remeshan vs The State of Kerala Same Judge Honourable Mr.Justice Murali Purushothaman