Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 30TH DAY OF JUNE 2021 / 9TH ASHADHA, 1943 PETITIONER/S: P.VINODKUMAR AGED 62 YEARS S/O.V.V.PAVITHRAN, RESIDING AT SREEKOVIL, CHERTHALA SOUTH, MARUTHORVATTOM P.O., CHERTHALA, ALAPPUZHA 688 539 BY ADVS. K.S.HARIHARAPUTHRAN SMT.BHANU THILAK RESPONDENT/S: 1 STATE OF KERALA REP. BY REVENUE SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 002 2 TAHASILDAR CHERTHALA TALUK, TALUK OFFICE CHERTHALA, ALAPPUZHA 3 VILLAGE OFFICER THANEERMUKKAM NORTH VILLAGE, THANNEERMUKKOM NORTH, ALAPPUZHA 688 527 4 VILLAGE OFFICER KANJIKKUZHI VILLAGE, CHERTHALA 688 539 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-
P V KUNHIKRISHNAN, J.
- - - - - - - - - - - - - - -- - - -- - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of June, 2021
JUDGMENT
The above Writ Petition is filed with the following prayers:-
(i) issue a writ of mandamus or any
other appropriate writ or direction commanding the respondents 3 and 4 to consider and pass orders in accordance with law in Exts.P6 and P7 applications, within a time frame, after affording the petitioner an opportunity of being heard.
(ii) issue such other order, this Hon'ble court deems fit and proper.
2. According to the petitioner, as per Ext.P1 -3-
settlement deed, the father of the petitioner, Mr.V.V. Pavithran, effected mutation in respect of the property covered by Ext.P1 settlement deed and was paying the basic tax under Thandapper No.7186 of Thanneermukkam North Village. Similarly, an extent of 41 ares 30 sq.meters of garden land comprised in block No.33, Re.Sy Nos.80/2 and 80/3 of Kanjikkuzhi Village in Cherthala Taluk also belongs to and possessed by the father Mr.V.V. Pavithran, as per settlement deed No.1810 dated 28.12.2019 of the SRO Puthenambalam. Pursuant to Ext.P3 settlement deed, the petitioner has effected mutation in respect of settlement deed and was paying basic tax under Thandapper
No.123/83 of Kanjikkuzhi Village. While so, an oral family arrangement was arrived at between Mr.V.V.Pavithran and his children, the petitioner, Mrs.Maya Balachandran, Mr.P Mahadevan and
Mrs.Aswathy Pavithran on 3.1.2020, in respect of the properties and assets of Mr.V.V.Pavithran was later reduced to writing as a memorandum of family settlement on 18.5.2020. On the basis of Ext.P5 family arrangement, -4- the petitioner submitted application on 10.12.2020 for effecting pokkuvaravu in respect of the properties covered by Exts.P1 and P2 in his favour and effect mutation and allow him to remit the basic tax in respect of the same before the 3rd respondent. Similarly, as per Ext.P5 family
arrangement, the petitioner has submitted another application for changing the Pokuvaravu and effecting mutation in his name in respect of the property covered by Exts.P3 and P4 before the 4th respondent on 30.11.2020. It is the grievance of the petitioner that respondent Nos.3 and 4 have not taken any steps to effect pokkuvaravu and mutation in respect of the properties covered by Exts.P1 to P4 on the basis of Ext.P5 family arrangement. Hence this Writ Petition is filed with the above prayers.
3. Heard the learned counsel for the petitioner and the learned Government Pleader.
4. After hearing both sides, I think the prayers in this Writ Petition can be allowed. The limited prayer of the -5- petitioner is to consider Ext.P6 and P7 by respondent Nos.3 and 4 respectively, within a time frame.
5. The learned Government Pleader also submitted
that respondent Nos.3 and 4 will do the needful in accordance with law. Therefore, this Writ Petition is disposed of in the following manner:- Respondent Nos.3 and 4 are directed to consider Exts.P6 and P7 applications, in accordance with law, after hearing the petitioner and other affected parties, as expeditiously as possible and at any rate, within two months from the date of receipt of a copy of this judgment.
sd P V KUNHIKRISHNAN, JUDGE. dl/ -6- APPENDIX OF WP(C) 9892/2021 PETITIONER ANNEXURE EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.1811 DATED 22.12.2019 OF THE SRO PUTHENAMBALAM. EXHIBIT P2 TRUE COPY OF THE BASIC TAX RECEIPT DATED 14.5.2020 ISSUED BY THE VILLAGE OFFICER THANNEERMUKKAM NORTH VILLAGE. EXHIBIT P3 TRUE COPY OF THE SETTLEMENT DEED NO.1810 DATED 22.12.2019 OF THE SRO PUTHENAMNBALAM. EXHIBIT P4 TRUE COPY OF THE BASIC TAX RECEIPT DATED 16.5.2020 ISSUED BY THE VILLAGE OFFICER KANJIKUZHI. EXHIBIT P5 TRUE COPY OF THE FAMILY ARRANGEMENT DATED 18.5.2020. EXHIBIT P6 TRUE COPY OF THE APPLICATION DATED 10.12.2020 SUBMITTED BEFORE THE 3RD RESPONDENT BY THE PETITIONER. EXHIBIT P6 (a) TRUE COPY OF THE RECEIPT HAVING NO.PV
REGISTER NO.532/2020 DATED 10.12.2020 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER SHOWING THE FACTOM OF RECEIPT OF EXT. P6 EXHIBIT P7 TRUE COPY OF THE APPLICATION DATED 30.11.2020 PREFERRED BEFORE THE 4TH RESPONDENT BY THE PETITIONER. EXHIBIT P7 (a) TRUE COPY OF THE RECEIPT HAVING PV REGISTER NO.387/2020 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER HEREIN.