Kerala High Court
Raji Mohandas vs State Of Kerala on 25 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 25TH DAY OF JANUARY 2022 / 5TH MAGHA, 1943
WP(C) NO. 30922 OF 2021
PETITIONERS:
1 RAJI MOHANDAS, AGED 44 YEARS, D/O. SRI. C.K.MOHANDAS,
PLANTHOTTATHIL HOUSE, MANGARAM P.O., PANDALAM,
PATHANAMTHITTA DISTRICT,PIN-689 501.
2 RENJI C.B., AGED 42 YEARS,
D/O. SRI. C.K.MOHANDAS, THEVARMALAYIL HOUSE,
THIRUMOOLAPURAM P.O., THIRUVALLA,
PATHANAMTHITTA DISTRICT, PIN-689 115.
3 RAHNA C.M., AGED 39 YEARS,
D/O. SRI. C.K.MOHANDAS, SMITHA NIVAS, THAZHAM,
CHATHANNOOR, KOLLAM DISTRICT, PIN-691 572.
BY ADVS.R.SURAJ KUMAR
SUNIL J.CHAKKALACKAL
ANJANA R.S.
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY
TO GOVERNMENT OF KERALA, DEPARTMENT OF REVENUE,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
ERNAKULAM, PIN-695 001.
2 THE DISTRICT COLLECTOR,
CIVIL STATION, KOTTAYAM, PIN-686 002.
3 THE THAHASILDAR, THALUK OFFICE, CHANGANASSERY,
KOTTAYAM DISTRICT, PIN-686 101.
4 THE ADDITIONAL THAHASILDAR, THALUK OFFICE,
CHANGANASSERY, KOTTAYAM DISTRICT, PIN-686 101.
5 THE VILLAGE OFFICER,
CHANGANASSERY, KOTTAYAM DISTRICT, PIN-686 101.
6 CHANGANASSERY MUNICIPALITY, REPRESENTED BY ITS
SECRETARY, MUNICIPAL OFFICE, CHANGANASSERY, KOTTAYAM
DISTRICT, PIN-686 101.
WP(C) NO. 30922 OF 2021
-2-
BY ADVS. SRI.M.P.MADHAVANKUTTY, SC,
CHANGANACHERRY MUNICIPALITY
SMT. MABLE C.KURIAN, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 25.01.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 30922 OF 2021
-3-
JUDGMENT
The petitioners have approached this Court
with a singular plea that the 3rd respondent -
Tahsildar, be directed to effect transfer of
Registry of the property involved in this case in
their favour, without any further delay.
2. The petitioners say that they have already
preferred Ext.P18 request for the afore purpose
before the 3rd respondent, and that it was enjoined
upon the said Authority to have considered the
same and to have acceded to it, particularly,
taking note of Ext.P14 plan prepared by the Taluk
Surveyor, Changanassery and the report of the 6th
respondent - Municipality, namely Ext.P15.
3. The afore submissions of Sri.R.Suraj Kumar
- learned counsel for the petitioners, were
answered by Smt.Mable C.Kurian - learned Senior
Government Pleader, saying that if the petitioners
WP(C) NO. 30922 OF 2021
only require Ext.P18 representation to be taken up
and disposed of by the 3rd respondent, there does
not appear to be any legal impediment in doing so;
however, praying that this Court may not make any
affirmative declarations in their favour in this
judgment and leave it to the said Authority to
take an apposite decision, as per law.
4. When I evaluate the afore submissions,
there can be no doubt that it would not be
justified for this Court to make any affirmative
declarations at this time, because Ext.P18
representation has already been preferred by the
petitioners before the 3rd respondent. I am,
therefore, of the firm view that said Authority
must be directed to dispose of the same, without
any further delay.
Resultantly, I order this writ petition and
direct the 3rd respondent to take up Ext.P18
representation of the petitioners and dispose of
WP(C) NO. 30922 OF 2021
the same, after affording them an opportunity of
being heard, as also of producing necessary
documents in substantiation, and after
specifically adverting to Exts.P14 and P15; thus
culminating in appropriate order and necessary
action thereon, as expeditiously as is possible,
but not later than one month from the date of
receipt of a copy of this judgment.
Needless to say, if, after the afore exercise,
the Tahsildar is to find in favour of the
petitioners and to effect transfer of Registry of
the property in their favour, then they will be at
liberty to produce the said order before the 5 th
respondent - Village Officer, who will thereupon,
allow them to remit land tax thereon, without any
avoidable delay.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
WP(C) NO. 30922 OF 2021
APPENDIX OF WP(C) 30922/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF
ASSIGNMENT NO.45/1987 DATED 27.1.1987
ISSUED BY THE LAND TRIBUNAL, KOTTAYAM.
EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT DATED
9.2.1987.
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED
19.9.2011.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED
28.10.2011 IN WPC NO.20627/2011 ON THE
FILE OF THIS HON'BLE COURT.
EXHIBIT P5 TRUE COPY OF THE REPLY DATED 22.3.2016
ISSUED BY THE PUBLIC INFORMATION
OFFICER, CHANGANASSERY MUNICIPALITY.
EXHIBIT P6 TRUE COPY OF THE REQUEST DATED 5.4.2015
ISSUED BY THE THALUK OFFICE,
CHANGANASSERY.
EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED
29.11.2012 SUBMITTED BY THE SINCE
DECEASED SAROJINI KAMALASANAM BEFORE
THE 4TH RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE LETTER DATED
24.2.2015.
EXHIBIT P9 TRUE COPY OF THE REPLY DATED 28.3.2016
SENT BY THE 5TH RESPONDENT.
EXHIBIT P10 TRUE COPY OF THE LETTER DATED 6.4.2016
ISSUED FROM THE CENTRAL SURVEY OFFICE.
EXHIBIT P11 A TRUE COPY OF THE APPLICATION DATED
WP(C) NO. 30922 OF 2021
6.8.2016 SUBMITTED BEFORE THE 3RD
RESPONDENT FOR FRESH SURVEY.
EXHIBIT P12 TRUE COPY OF THE NOTICE DATED 3.10.2016
ISSUED BY THE THALUK SURVEYOR.
EXHIBIT P13 TRUE COPY OF THE APPLICATION DATED
24.10.2016 UNDER THE RIGHT TO
INFORMATION ACT.
EXHIBIT P14 TRUE COPY OF THE PLAN PREPARED BY THE
CHANGANASSERY THALUK SURVEYOR DATED
24.11.2021.
EXHIBIT P15 TRUE COPY OF THE REPORT DATED
24.11.2016 ISSUED BY THE 3RD RESPONDENT
THAHASILDAR.
EXHIBIT P16 TRUE COPY OF THE DEATH CERTIFICATE
25.2.2017.
EXHIBIT P17 A TRUE COPY OF THE WILL EXECUTED BY THE
SINCE DECEASED SAROJINI KAMALASANAM
DATED 30.3.2016.
EXHIBIT P18 TRUE COPY OF THE REPRESENTATION DATED
29.1.2020 SUBMITTED BY THE PETITIONERS
BEFORE THE 3RD RESPONDENT.
RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
