Anil K.R vs The Village Officer

Kerala High Court

Anil K.R vs The Village Officer on 21 May, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

W.P.(C).No.33274/2017
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             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                        WP(C) NO. 33274 OF 2017
PETITIONER:
          ANIL K.R
          AGED 48 YEARS
          S/O.RAMADASAN, AGED 48 YEARS, HARIMANDIRAM,
          KULANGARAMANAYIL, UDUMPUNCHOLA TALUK, RAJAKUMARI-
          685619.

             BY ADVS.
             SRI.A.G.ADITYA SHENOY
             SRI.K.R.ARUN
             SRI.JEFF JOSEPH


RESPONDENTS:
    1     THE VILLAGE OFFICER
          RAJAKUMARI VILLAGE, UDUMBANCHOLA TALUK,
          RAJAKUMARI.

     2       THE REVENUE DIVISIONAL OFFICER
             REVENUE DIVISIONAL OFFICE, DEVIKULAM, IDUKKI
             DISTRICT.

     3       VARGHESE
             PUTHENKUDIYIL, KULLAPARACHAL, KADUKKACITY,
             RAJAKUMARI VILLAGE, RAJAKUMARI-685619.


OTHER PRESENT:
         SRI.B.S.SYAMANTAK, GP


       THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C).No.33274/2017
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                        P.V.KUNHIKRISHNAN, J.
                     = = = = = = = = = = = = = = =
                        W.P.(c).No.33274 of 2017
                    = = = = = = = = = = = = = = = =
                   Dated this the 21st day of May, 2024
                                JUDGMENT

The above writ petition is filed with the following prayers:-

"i)To issue a Writ of Mandamus, or other appropriate Writ, direction or order, directing the 2 nd respondent to consider and finalize proceedings initiated pursuant to Exhibit P3, after affording an opportunity of being heard to the petitioner, within a period as deemed reasonable by this Hon'ble Court.

ii. To issue a Writ of Mandamus, or other appropriate Writ, direction or order, directing the 1 st respondent to effect mutation of the petitioner's property comprised in Re survey No. 312/6, 312/7, 313/5,133/28 and 320/8 of Rajakumari Village, Udumbunchola Taluk having a total extent of 3 Acres 63 cents, which has devolved upon the petitioner pursuant to Exhibit P1, within a period as deemed reasonable by this Hon'ble Court."

2. The main prayer in this writ petition is to finalise the proceedings initiated based on Exhibit P3. The counsel for the petitioner submits that even now the proceedings are not completed. If that is the case, there can be a direction to the 2 nd respondent to finalise the proceedings initiated based on Exhibit P3, with notice to the petitioner and the 3rd respondent. Therefore, the writ petition is disposed of with the following directions:- W.P.(C).No.33274/2017 3

i) The 2nd respondent is directed to finalise Exhibit P2, if not finalised as on today, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment, after giving an opportunity of hearing to the petitioner and the 3rd respondent.

ii) The petitioner shall produce a certified copy of the judgment before the 2nd respondent for compliance. If the 2nd respondent is not the competent authority , the 2 nd respondent shall forward the same to the competent authority and competent authority will dispose the same as directed above.

Sd/-

P.V.Kunhikrishnan, Judge sj21/5/24 W.P.(C).No.33274/2017 4 APPENDIX OF WP(C) 33274/2017 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE REGISTERED WILL DATED 28-03-2014 BEARING DOCUMENT NO.57/2014/III OF SUB REGISTRAR OFFICE, RAJAKUMARI.

EXHIBIT P2 TRUE COPY OF THE REQUEST/REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 01-09-2015 ISSUED BY THE 2ND RESPONDENT.