Dr.Jacob John vs The Tahasildar (Land Records)
2021 Latest Caselaw 16687 Ker

WP(C) NO. 16308 OF 2021          1



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
                     WP(C) NO. 16308 OF 2021
PETITIONER/S:

          DR.JACOB JOHN,
          AGED 71 YEARS
          S/O. YOHANNAN, RESIDING AT AKAMPILLIL HOUSE,
          MEEMPARA P.O., PUTHENCRUZ-682308.

          BY ADVS.
          K.V.SREE VINAYAKAN
          K.M.MUHAMMED HUSSAIN



RESPONDENT/S:

    1     THE TAHASILDAR (LAND RECORDS),
          KUNNATHUNADU TALUK OFFICE, PERUMBAVOOR P.O.,
          ERNAKULAM DISTRICT-683543.

    2     THE VILLAGE OFFICER,
          THIRUVANIYOOR, THIRUVANIYOOR P.O., ERNAKULAM-682308.




          SRI SAYED M THANGAL, GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16308 OF 2021                         2



                                         JUDGMENT

This writ petition is filed seeking the following relief:-

i. Issue a writ in the nature of mandamus or any other appropriate writ, directing the 1st respondent to rectify the errors in the revenue records as requested in Exhibit P10.

ii. Allow the writ petition with costs.

2. When this matter was taken up for consideration,

Sri.K.V.Sreevinayakan, the learned counsel appearing for the petitioner

submitted that the petitioner has filed Ext.P10 representation before the

respondents and the petitioner would be satisfied if the 1st respondent is

directed to consider the said representation, in the light of Exts.P2 to P9 and

take a decision in consonance with law.

3. The learned Government Pleader, on instructions, submits that

there is no impediment in granting the said prayer.

4. Having regard to the facts and circumstances and the

submissions made across the Bar, this writ petition is disposed of directing

the 1st respondent to take up, consider and dispose of Ext.P10

representation, taking note of Exts.P2 to P9, with notice to the petitioner as

well as the affected parties, if any. The orders as directed above shall be

passed expeditiously, in any event, within a period of two months from the

date of production of a copy of this judgment.

5. The petitioner shall produce a copy of the writ petition along

with this judgment before the 1st respondent to ensure compliance.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE sru

APPENDIX OF WP(C) 16308/2021

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BY VARGHESE K. JOHN AND JOHN K. JOHN IN FAVOUR OF THE PETITIONER DATED 01/08/1992.

Exhibit P2 TRUE COPY OF THE POWER OF ATTORNEY NO.52/2011 OF SRO PUTHENCRUZ EXECUTED BY SHERMIJA JANCY JACOB.

Exhibit P3 TRUE COPY OF THE PROCEEDINGS OF THE TAHSILDAR, KUNNATHUNADU DATED 02/07/2013.

Exhibit P4 TRUE COPY OF THE BASIC TAX RECEIPT DATED 19/10/2015 IN RESPECT TO THE PROPERTY HELD BY SHARMIJA JENCY AKAMPALLIL.

Exhibit P5 TRUE COPY OF THE BASIC TAX IN RESPECT TO THE PROPERTY HELD BY JOHN K. JOHN IN THE YEAR 2015-16.

Exhibit P6 TRUE COPY OF THE BASIC TAX REMITTED BY THE PETITIONER DATED 04/05/2020.

Exhibit P7 TRUE COPY OF THE BASIC TAX RECEIPT 04/05/2020 REMITTED BY JOHN K. JOHN.

Exhibit P8 THE TRUE COPY OF THE BASIC TAX RECEIPT DATED 15/02/2020 ISSUED TO SHARMIJA JENCY AKAMPALLIL.

Exhibit P9 TRUE COPY OF THE REPORT DATED 15/06/2020 SUBMITTED BY THE VILLAGE OFFICER, THIRUVANIYOOR TO THE 1ST RESPONDENT.

Exhibit P10 THE TRUE COPY OF THE PETITION DATED 19/07/2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

Exhibit P101 THE TRUE COPY OF THE ACKNOWLEDGEMENT ISSUED BY THE 1ST RESPONDENT DATED 20/07/2021.

RESPONDENTS EXHIBITS:NIL