Meenakshi vs The District Collector

Kerala High Court

Meenakshi vs The District Collector on 22 May, 2024

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
    WEDNESDAY, THE 22ND DAY OF MAY 2024/1ST JYAISHTA, 1946
                       WP(C) NO.18357 OF 2024
PETITIONER:

          MEENAKSHI, AGED 85 YEARS, W/O.LATE GANGADHARAN,
          PATHICHIRA, MUTHALAMADA VILLAGE, CHITTUR TALUK,
          PALAKKAD DISTRICT, PIN - 678507.

          BY ADV. KALAM PASHA B.


RESPONDENTS:

    1     THE DISTRICT COLLECTOR, PALAKKAD, PIN - 678001.

    2     THE REVENUE DIVISIONAL OFFICER,
          PALAKKAD, PIN - 678001.

    3     THE TAHSILDAR (LAND RECORDS), CHITTUR,
          PALAKKAD DISTRICT, PIN - 678101.

    4     THE VILLAGE OFFICER, MUTHALAMADA-2,
          PALAKKAD DISTRICT, PIN - 678507.

    5     THE DISTRICT SURVEY SUPERINTENDENT,
          PALAKKAD, PIN - 678001.

    6     RAJESH, AGED 53 YEARS, S/O.VELUKKUTTY,
          MANIKKATH KALAM, ELAPPULLY DESOM,
          NALLEPPULLY VILLAGE, CHITTUR TALUK,
          PALAKKAD DISTRICT, PIN - 678553.

    7     RAJENDRAN, AGED 64 YEARS, S/O.RAVUNNI,
          CHALIYEDATH VEEDU, CHATHAMANGALAM DESOM,
          CHATHAMANGALAM AMSOM, KOZHIKKODE TALUK,
          KOZHIKKODE DISTRICT, PIN - 673601.

    8     A. SIVARAMAKRISHNAN, AGED 69 YEARS, S/O.ARU,
          PERUMCHIRA, MUTHALAMADA P.O., CHITTUR TALUK,
          PALAKKAD DISTRICT, PIN - 678507.


          BY ADV. SRI.AJITH VISWANATHAN, GOVERNMENT PLEADER
 W.P(C) No.18357 of 2024
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      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   22.05.2024,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P(C) No.18357 of 2024
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                               JUDGMENT

Dated, this the 22nd May, 2024 The grievance espoused in this writ petition is the non-consideration of Ext.P13 application preferred by the petitioner to cancel mutation effected in favour the 7th respondent for various reasons as narrated in this writ petition.

2. Having regard to the limited relief sought for in this writ petition, notice to the party respondents are dispensed with.

3. Learned Government Pleader is heard on behalf of respondents 1 to 5.

4. In the circumstances, this writ petition is disposed of directing the 1st respondent to take up Ext.P13 appeal petition and to pass orders in the same within a period of six weeks, after affording an opportunity of being heard to the petitioner, as W.P(C) No.18357 of 2024

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also, the party respondents, who will be affected by the decision in Ext.P13.

This W.P.(C) is disposed of accordingly.

Sd/-

C.JAYACHANDRAN, JUDGE ww W.P(C) No.18357 of 2024

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APPENDIX OF WP(C) 18357/2024 PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE BASIC TAX REGISTER IN RESPECT OF THE AFORESAID 12.64 ACRES OF PROPERTY DATED 28.9.2020.

EXHIBIT P2 THE TRUE COPY OF THE FORGED POWER OF ATTORNEY DATED 4.12.1999.

EXHIBIT P3 THE TRUE COPY OF THE SALE DEED NO.218/2000 DATED 25.1.2000.

EXHIBIT P4 THE TRUE COPY OF THE UNREGISTERED POWER OF ATTORNEY DATED 12.09.2001.

EXHIBIT P5 THE TRUE COPY OF DOCUMENT NO.218/2000, THUS FORGED.

EXHIBIT P6 THE TRUE COPY OF THE SALE DEED NO.633/2002 DATED 17.4.2002.

EXHIBIT P7 THE TRUE COPY OF THE FILE ALLOWING MUTATION DATED 2.1.2009.

EXHIBIT P8 THE TRUE COPY OF THE REPORT FILED BY THE 4TH RESPONDENT BEFORE THE 3RD RESPONDENT DATED 2.8.2022.

EXHIBIT P9 THE TRUE COPY OF THE REPORT SENT BY 3RD RESPONDENT TO 2ND RESPONDENT DATED 31-12-2022. EXHIBIT P10 THE TRUE COPY OF THE ORDER PASSED BY THE RDO, PALAKKAD DATED 5.3.23.

EXHIBIT P11 THE TRUE COPY OF THE FINAL REPORT IN CRIME NO.1249/2016 OF KOLLENGODE POLICE STATON DATED 11.12.2021.

EXHIBIT P12 THE TRUE COPY OF THE REPORT FILED BY THE REGIONAL FORENSIC SCIENCE LABORATORY, THRISSUR DATED 24.6.2019.

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EXHIBIT P13 THE TRUE COPY OF THE APPEAL PETITION DATED 16.8.2023 FILED BY THE PETITIONER BEFORE HE 1ST RESPONDENT.