Reju vs State Of Kerala
2021 Latest Caselaw 14495 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        TUESDAY, THE 13TH DAY OF JULY 2021 / 22ND ASHADHA, 1943
                       WP(C) NO. 30085 OF 2017
PETITIONERS:

    1       REJU
            AGED 54 YEARS
            S/O PAULOSE, PALAL HOUSE, VENMATTAM, KALIYAR P.O. PIN-
            685 582

    2       TOJO
            AGED 45 YEARS
            S/O JOHN, AGED 45 YEARS, THOPPIL HOUSE, VANNAPPURAM
            P.O. PIN- 685 607

    3       SHINS
            AGED 47 YEARS
            S/O SEBASTIAN, AGED 47 YEARS, PARAYADI HOUSE,
            VENMATTAM, KALIYAR P.O. PIN- 685 582

            BY ADVS.
            SRI.REJI GEORGE
            SRI.BINOY DAVIS



RESPONDENTS:

    1       STATE OF KERALA
            DEPARTMENT OF REVENUE SECRETARIAT, THIRUVANANTHAPURAM-
            695 001, REPRESENTED BY ITS SECRETARY

    2       THE DISTRICT COLLECTOR
            PAINAVU P.O. IDUKKI DISTRICT- 685 603

    3       THE ADDITIONAL TAHSILDAR
            THODUPUZHA TALUK OFFICE, THODUPUZHA P.O IDUKKI-685 584

    4       THE VILLAGE OFFICER
            VANNAPPURAM VILLAGE, VANNAPPURAM P.O. THODUPUZHA VIA,
            IDUKKI DISTRICT- 685 667

    5       MANOJ P. KUMAR
            PULIMOOTTIL HOUSE, VANNAPPURAM P.O. VANNAPPURAM
            VILLAGE, THODUPUZHA TALUK IDUKKI DISTRICT- 685 667
 WP(C) NO. 30085/2017
                                  2

             BY ADVS.

             SRI.GEORGE POONTHOTTAM

             SRI.N.B.SUNIL NATH, GOVERNMENT PLEADER




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   13.07.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 30085/2017
                                             3


                     P.V.KUNHIKRISHNAN, J
               -------------------------------
                   W.P.(C)No.30085 of 2017
              --------------------------------
             Dated this the 13th day of July 2021


                                     JUDGMENT

This Writ petition is filed with the following

prayers:

"a) To issue a writ of mandamus or any other appropriate writ, order or direction, commanding respondent Nos.1 to 4 to effect transfer of revenue registry(pokkuvaravu) of the 0.50 Ares (1.250 cents) of property in Sy.No.1478/1A of Vannappuram Village covered by Ext.P3 Sale Deed in the names of the petitioners, and

b) Pass such other order or direction as is found just and proper to the facts and circumstances of the case."

2. The petitioners purchased 0.50 Ares (1.250

cents) of property in Sy.No.1478/1A of Vannappuram

Village as per Ext.P3 sale deed and filed Exts.P5 and

P9 applications to effect the mutation of the

property purchased by them in their joint names.

Subsequently, as directed by the 2nd respondent in

Ext.P6 order, the petitioners remitted an amount of WP(C) NO. 30085/2017

Rs.2,93,574/-(Rupees Two lakh ninety three thousand

five hundred and seventy four only) on 23.03.2017 and

produced Ext.P8 Chellan before the 3rd respondent.

But even then, the respondents are not taking further

steps to effect pokkuvaravu. Hence this writ

petition was filed. Ext.P9 is the application

submitted by the petitioners for mutation. Ext.P10 is

the information received under the RTI Act informing

that the mutation is not effected because of the

interim order dated 10.04.2017 in W.P.(C)

No.12824/2017. This writ petition was posted today

along with W.P.(C) No.12824/2017. The learned counsel

for the petitioner in W.P.(C) No.12824/2017 and the

learned Government Pleader has no objection, if this

Court clarify that, the mutation of the property of

the petitioner in W.P.(C)No.30085/2017 can be

effected, even if W.P.(C)No.12824/2017 is pending.

In the light of the above submission, I think this

Writ petition can be allowed.

3. Therefore, this writ petition is allowed in

the following manner.

WP(C) NO. 30085/2017

i) The 3rd respondent is directed to effect the

transfer of revenue registry(pokkuvaravu) of the 0.50

Ares (1.250 cents) of property purchased by the

petitioner as per Ext.P3 sale deed in their name,

untrammeled by Ext.P7 order.

ii) The above said exercise should be done as

expeditiously as possible, at any rate, within a

period of one month from the date of receipt of a

copy of this judgment.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

DM WP(C) NO. 30085/2017

APPENDIX OF WP(C) 30085/2017

PETITIONERS' EXHIBITS:

EXHIBITP1 TRUE COPY OF SALE DEED NO.3296/2009 DATED 07-12-2009 OF SRO KARIKKODE.

EXHIBIT P2 TRUE COPY OF POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, VANNAPPURAM DATED 05-10-2010.

EXHIBIT P3 TRUE COPY OF SALE DEED NO.150/2010 DATED 11-01-2010 OF SRO, KARIKKODE.

EXHIBIT P4 TRUE COPY OF ORDER NO.C6-14450/10 DATED 04-01-2016 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF APPLICATION DATED 23-09-2016 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT.

EXHIBIT P6 TRUE COPY OF ORDER NO.C6-14450/10 DATED 16-03-2017 ISSUED BY THE 2ND RESPONDENT.

EXHIBITP7 TRUE COPY OF ORDER PASSED BY THIS HON'BLE COURT IN WPC NO.12824/2017 ON 10-04-2017.

EXHIBITP8 TRUE COPY OF CHALAN DATED 23-03-2017 EVIDENCING PAYMENT OF RS.2,93,574/- BY THE PETITIONERS.

EXHIBIT P9 TRUE COPY OF APPLICATION FOR MUTAITON DATED 23-03-2017 SUBMITTED BY THE PETITIONERS.

EXHIBIT P10 TRUE COPY OF REPLY LETTER ISSUED BY THE DEPUTY TAHSILDAR (HOUSING) DATED 19-05- 2017 TO THE PETITIONERS UNDER THE RIGHT TO INFORMATION ACT.

//TRUE COPY//

PA TO JUDGE