Kerala High Court
Reena Jacob vs The State Of Kerala on 6 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
TUESDAY, THE 6TH DAY OF JULY 2021 / 15TH ASHADHA, 1943
RP NO. 124 OF 2019
AGAINST THE JUDGMENT DATED 05.07.2018 IN WP(C) 22436/2018 OF HIGH
COURT OF KERALA
REVIEW PETITIONER/THIRD PARTY:
HARRISONS MALAYALAM LIMITED,
24/1624, BRISTOW ROAD, WILLINGDON ISLAND, COCHIN,
ERNAKULAM-682 003.
BY ADVS.
M.GOPIKRISHNAN NAMBIAR
SRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SRI.PAULOSE C. ABRAHAM
RESPONDENTS/PETITIONER AND OTHER RESPONDENTS:
1 REENA JACOB,
D/O T.O. KURUVILLA, 3004, 2ND STREET, Z BLOCK, 1315,
MAIN ROAD, SANTHI COLONY, ANNA NAGAR, CHENNAI-40.
2 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE
DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM-695 001.
3 THE DISTRICT COLLECTOR
COLLECTORATE, PATHANAMTHITTA-685 532.
4 THE TALUK TAHSILDAR
RANNI TALUK OFFICE, PATHANAMTHITTA-685532.
5 THE VILLAGE OFFICER
PERINAD VILLAGE OFFICE, PATHANAMTHITTA-685 532.
BY ADV SRI.G.SREEKUMAR (CHELUR)
SRI.K.J.MOHAMMED ANZAR, SPL.GP (REVENUE)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2021, ALONG WITH WP(C).22436/2018, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
R.P No.124/2019
&
W.P(C) No.22436/2018
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
TUESDAY, THE 6TH DAY OF JULY 2021 / 15TH ASHADHA, 1943
WP(C) NO. 22436 OF 2018
PETITIONER:
REENA JACOB
AGED 53 YEARS
D/O T O KURUVILLA, RESIDING AT 3004, 2ND STREET,
Z BLOCK, 1315, MAIN ROAD , SANTHI COLONY, ANNA
NAGAR, CHENNAI-40.
BY ADV SRI.G.SREEKUMAR (CHELUR)
RESPONDENTS:
1 THE STATE OF KERALA
REP. BY THE SECRETARY TO THE GOVERNMENT, REVENUE
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANNANTHAPURAM DISTRICT - 695001.
2 THE DISTRICT COLLECTOR
COLLECTORATE, PATHANAMTHITTA DISTRICT- 685532.
3 THE TALUK TAHSILDAR, RANNI TALUK OFFICE
PATHANAMTHITTA DISTRICT-685532.
4 THE VILLAGE OFFICER, PERINAD VILLAGE OFFICE
PATHANAMTHITTA DISTRICT- 685532.
SRI.K.J.MOHAMMED ANZAR, SPL.GP (REVENUE)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.07.2021, ALONG WITH RP.124/2019, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
R.P No.124/2019
&
W.P(C) No.22436/2018
3
ALEXANDER THOMAS, J.
===========================
R.P No.124 of 2019
[arising out of the impugned judgment dated
05.07.2018 in W.P(C) No.22436 of 2018]
&
W.P(C) No.22436 of 2018
===========================
Dated this the 06th day of July, 2021
COMMON ORDER/JUDGMENT
Heard Sri.Joson Manavalan, learned counsel appearing for the
review petitioner/third party in the W.P(C), Sri.G.Sreekumar
(Chelur), learned counsel appearing for R1 in the R.P/writ petitioner
and Sri.K.J.Mohammed Anzar, learned Special Government Pleader
(Revenue) appearing for official respondents 2 to 5 in the
R.P/respondents in the W.P(C).
2. After conclusion of the hearing, Sri.G.Sreekumar (Chelur),
learned counsel appearing for R1 in the R.P/writ petitioner would
submit on the basis of instructions of his party that leave may be
granted to the writ petitioner to withdraw the aforecaptioned W.P(C)
No.22436/2018 and the impugned judgment may be substituted by a
judgment dismissing the W.P(C) as withdrawn with liberty to the writ
petitioner to move for mutation after establishing her ownership and
R.P No.124/2019
&
W.P(C) No.22436/2018
possession rights of the property, which is the subject matter of
mutation proceedings.
3. Sri.Joson Manavalan, learned counsel appearing for the
review petitioner and Sri.K.J.Mohammed Anzar, learned Special
Government Pleader (Revenue) appearing for the official respondents
have no objection to the said course of action. However, Sri.Joson
Manavalan, learned counsel appearing for the review petitioner would
submit that while setting aside the impugned judgment, this Court
may also order that all steps taken by the revenue and survey officials
in compliance with the impugned judgment in the W.P(C) may be
rescinded and cancelled.
4. In view of the abovesaid fair submission made on behalf of
the writ petitioner and in view of the abovesaid submissions of the
review petitioner and the official respondents, it is ordered as
follows :
Leave is accorded to the writ petitioner to
withdraw W.P(C) No.22436/2018. Accordingly, the
impugned judgment dated 05.07.2018 rendered by this
Court disposing of W.P(C) No.22436/2018 on merits, will
stand set aside and in lieu thereof it is ordered that
W.P(C) No.22436/2018 will stand dismissed as
R.P No.124/2019
&
W.P(C) No.22436/2018
withdrawn but with liberty to the writ petitioner to move
for mutation proceedings, after establishing her
ownership and possession rights for the subject property,
which is the subject matter of the mutation application.
Further, it is ordered that all steps taken by the revenue
and survey officials concerned, including that in
Annexure-D notice No.F3-8752/2018 dated 24.12.2018
issued by the Taluk Surveyor, Ranni, etc. in compliance
of the directions in the judgment dated 05.07.2018 in
W.P(C) No.22436/2018, will stand rescinded and
cancelled. The learned Special Government Pleader
(Revenue) will give necessary intimation regarding these
aspects to the competent revenue and survey officials
concerned and a copy of this final order in the R.P should
also be forwarded by him to all the official respondents in
this case, for necessary information.
With these observations and directions, the review petition will
stand finally disposed of and the W.P(C) will stand dismissed as
withdrawn, with the above liberty.
Sd/-
ALEXANDER THOMAS
JUDGE
vgd
R.P No.124/2019
&
W.P(C) No.22436/2018
APPENDIX OF RP 124/2019
PETITIONER'S ANNEXURES
ANNEXURE A A TRUE COPY OF THE JUDGMENT DATED
22.3.2016 PASSED BY THE SUBORDINATE
JUDGE'S COURT, PATHANAMTHITTA IN
O.S.NO.27/1980.
ANNEXURE B A TRUE COPY OF THE DECREE DATED
23.3.2016 OF THE SUBORDINATE JUDGE'S
COURT, PATHANAMTHITTA IN O.S.NO.27/1980.
ANNEXURE C A TRUE COPY OF THE APPLICATION DATED
27.7.2018 ALONG WITH THE JUDGMENT OF
THIS COURT SUBMITTED BY THE WRIT
PETITIONER TO THE TAHSILDAR, RANNI.
ANNEXURE D A TRUE COPY OF THE NOTICE DATED
24.12.2018 ISSUED BY TALUK SURVEYOR,
RANNI TALUK.
ANNEXURE E A TRUE COPY OF THE OBJECTION DATED
15.1.2019 (WITHOUT ENLOSURES) FILED BY
THE REVIEW PETITIONER BEFORE THE TALUK
SURVEYOR, RANNI TALUK WITH COPY TO THE
TAHSILDAR, RANNI, AND VILLAGE OFFICER,
PERINAD VILLAGE.
R.P No.124/2019
&
W.P(C) No.22436/2018
APPENDIX OF WP(C) 22436/2018
PETITIONER'S EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE REGISTERED WILL
BEARING NO.192/III/10 DATED 20/7/2010 OF
THE PERINAD SRO
EXHIBIT P2 A TRUE COPY OF THE REQUEST OF THE
PETITIONER BEFORE THE THIRD RESPONDENT
DATED 20/04/2018
R.P No.124/2019
&
W.P(C) No.22436/2018
