Devassy vs State Of Kerala

Citation : 2022 Latest Caselaw 8586 Ker
Judgement Date : 6 July, 2022

Kerala High Court
Devassy vs State Of Kerala on 6 July, 2022
               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
     WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
                        WP(C) NO.20119 OF 2022
PETITIONER:

          DEVASSY
          AGED 67 YEARS, S/O. VAREETH,
          PYNADATH HOUSE, PULIYANAM PO,
          PULIYANAM - 683 572.

          BY ADVS.
          BIMALA BABY
          JINO JOSE
          JEFRIN JOSE
          JASMINE LIGY
          BLAISE JOSEPH
          MAGI PAVITHRAN
          ROSHAN SHAJI
          PAUL A.J.
RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT,
          DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM - 695 001.

    2     THE DISTRICT COLLECTOR,
          OFFICE OF THE DISTRICT COLLECTOR,
          COLLECTORATE, KAKKANAD, ERNAKULAM - 682 030.

    3     THE TAHSILDAR,
          TALUK OFFICE, ALUVA, ERNAKULAM DISTRICT-682 301.

    4     THE TAHSILDAR (LR),
          TALUK OFFICE, ALUVA, ERNAKULAM DISTRICT-682 301.

    5     THE VILLAGE OFFICER,
          AIYYAMPUZHA VILLAGE OFFICE, AIYYAMPUZHA-683 587.


          SRI. BIMAL K. NATH, SR.GP.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.20119 OF 2022
                                       2

                               T.R.RAVI, J.
                     ----------------------------------------
                      WP(C) No.20119 OF 2022
                    -------------------------------------------
                Dated this the 06th day of July, 2022

                            JUDGMENT

Admit. Government Pleader takes notice for respondents.

2. The grievance of the petitioner is that respondents are not effecting mutation of the property covered by Ext.P1. The petitioner has preferred Ext.P2 application based on which Ext.P3 report has been generated. It says that the land in question earlier belonged to one Kunjuvareed Joseph, and had been surrendered as excess land and the deed of assignment was also executed with respect to the same.

3. In view of the report of the Village Officer, this writ petition is disposed of directing the 4 th respondent to consider Ext.P2 application along with Ext.P3 report and pass necessary orders after conducting a survey if required. Necessary orders shall be issued within three months from the date of receipt of a copy of this judgment.

Sd/-

T.R.RAVI JUDGE sn WP(C) NO.20119 OF 2022 3 APPENDIX OF WP(C) 20119/2022 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE PATTA FORM RECEIVED BY THE PETITIONER.

Exhibit P2 TRUE COPY OF THE APPLICATION DATED 16/10/2020 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P3 TRUE COPY OF THE REPORT DATED 9/11/2020 SUBMITTED BY THE 5TH RESPONDENT BEFORE THE 3RD RESPONDENT.

Exhibit P4 TRUE COPY OF APPEAL DATED 13/8/2021 SUBMITTED BEFORE THE 4TH RESPONDENT.

Exhibit P5 TRUE COPY OF THE NOTICE DATED 15/9/2021 ISSUED BY THE 4TH RESPONDENT.

Exhibit P6 TRUE COPY OF PROCEEDINGS BEARING NO. D1-

7249/2021 DATED 15/9/2021.

Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 14/2/2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

RESPONDENT'S EXHIBITS      :    NIL


                  //TRUE COPY//                       PA TO JUDGE