Avira vs District Collector
2022 Latest Caselaw 8059 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
     WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
                       WP(C) NO. 19250 OF 2022
PETITIONER:

          AVIRA
          AGED 62 YEARS
          S/O LATE OUSEPH, NEDUMPILLYKUNNEL HOUSE, KAKKOOR P. O.,
          THIRUMARADI VILLAGE, MUVATUPUZHA TALUK, PIN - 686662,
          ERNAKULAM DISTRICT.

          BY ADVS.
          T.N.SURESH
          DHANUJA VETTATHU
          MONSY K.V


RESPONDENTS:

    1     DISTRICT COLLECTOR
          CIVIL STATION, KAKKANADU, ERNAKULAM DISTRICT,
          PIN: 682030.

    2     TAHSILDAR (LAND RECORDS)
          TALUK OFFICE, MUVATUPUZHA, MUDAVUR P. O.,
          PIN - 686669.

    3     TALUK SURVEYOR
          TALUK OFFICE, MUVATUPUZHA, MUDAVUR P.O,
          PIN: 686669.

    4     VILLAGE OFFICER
          THIRUMARADI VILLAGE, KAKKOOR P. O.,
          PIN: 686662, ERNAKULAM DISTRICT.

          SRI. BIMAL K. NATH, SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19250 OF 2022

                                       2


                               T.R. RAVI, J.
              --------------------------------------------
                     W.P.(C)No.19250 of 2022
                   --------------------------------------------
               Dated this the 29th day of June, 2022

                             JUDGMENT

Admit. Government Pleader takes notice for the

respondents.

2. The grievance of the petitioner is that the

respondents are not taking steps to effect mutation of the

property and issue Record of Rights to the petitioner despite

the fact that an application has been filed as early as on

09.08.2021. Ext.P6 is the application, which is filed before the

Village Officer, who is the 4th respondent in the writ petition.

The 4th respondent is stated to have forwarded the application

to the 2nd respondent. However, since no action was taken, the

petitioner had preferred Ext.P11 complaint before the 1 st

respondent.

3. The Government Pleader on instructions submits

that Ext.P6 can be considered and orders passed.

In the above circumstances, this writ petition is disposed WP(C) NO. 19250 OF 2022

of, directing the 2nd respondent to take up Ext.P6 application,

which has been forwarded by the 4 th respondent and take a

decision thereon after hearing the petitioner, at the earliest, at

any rate, within two months from the date of receipt of a copy

of this judgment.

Sd/-

T.R.RAVI JUDGE mpm WP(C) NO. 19250 OF 2022

APPENDIX OF WP(C) 19250/2022

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE THANDAPER REGISTERS OF THIRUMARADI VILLAGE.

Exhibit P2 THE TRUE COPY OF THE LAND TAX RECEIPT DATED 04/08/2021 ISSUED BY 4TH RESPONDENT OFFICE.

Exhibit P3 THE TRUE COPY OF THE A&B REGISTER OF THE PROPERTY EXTENDING 11.33 COMPRISED IN SURVEY NO: 48/5-2 OF THIRUMARADI VILLAGE.

Exhibit P4 THE TRUE COPY OF THE WILL NO: 58/III/1989 OF SRO KOOTHATTUKULAM.

Exhibit P5 THE TRUE COPY OF THE DEATH CERTIFICATE DATED 20/09/1993 ISSUED BY THIRUMARADI GRAMA PANCHAYATH.

Exhibit P6 THE TRUE COPY OF THE APPLICATION DATED 09/08/2021 FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

Exhibit P7 THE TRUE COPY OF THE REPORT DATED 18/09/2021 BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT.

Exhibit P8 THE TRUE COPY OF THE LETTER DATED 29/10/2021 ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT.

Exhibit P9 THE TRUE COPY OF THE REPORT DATED 15/12/2021 ISSUED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT.

Exhibit P10 THE TRUE COPY OF THE NOTICE DATED 07/02/2022 ISSUE BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT.

WP(C) NO. 19250 OF 2022

Exhibit P11 THE TRUE COPY OF THE COMPLAINT DATED 02/04/2022 TO THE 1ST RESPONDENT.

Exhibit P12 THE TRUE COPY OF THE COMMUNICATION DATED 04/05/2022 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT TO THE 2ND RESPONDENT.