Kousukutty vs *[The Tahsildar]
2022 Latest Caselaw 3218 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 18TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943
                        WP(C) NO. 9169 OF 2022
PETITIONERS:

    1     KOUSUKUTTY,
          AGED 72 YEARS
          D/O. ABOOBAKKAR, ANAKALLINGAL HOUSE, KUMARAPPANAL P.O.,
          VARAVUR, VADAKKANCHERY, THRISSUR DISTRICT, PIN 680585.

    2     ABDUL KAREEM,
          AGED 48 YEARS, S/O MUHAMMED, ANAKALLINGAL HOUSE,
          KUMARAPPANAL P O, VARAVUR, VADAKKANCHERY, THRISSUR
          DISTRICT, PIN 680585.

    3     ASIYA,
          AGED 45 YEARS, D/O. MUHAMMED, ANAKALLINGAL HOUSE,
          KUMARAPPANAL P O, VARAVUR, VADAKKANCHERY, THRISSUR
          DISTRICT, PIN 680585

          BY ADVS.
          SAIJO HASSAN
          BENOJ C AUGUSTIN
          RAFEEK. V.K.
          U.M.HASSAN
          P.PARVATHY
          AATHIRA SUNNY
          ABHIRAMI DINESH
          RENJINI M. RENJITH



RESPONDENTS:

    1     *[THE TAHSILDAR],
          TALUK OFFICE, THALAPPULLI, MINI CIVIL STATION,
          IRINJALAKUDA, THRISSUR-680125.
          *[THE DESIGNATION OF THE FIRST RESPONDENT IS SUO MOTU
          CORRECTED AS 'TAHSILDAR (L.R.)' INSTEAD OF 'TAHSILDAR'
          AS PER ORDER DATED 18.03.2022 IN WP(C) 9169/2022]

    2     TALUK SURVEYOR,
          TALUK OFFICE, THALAPPILLI, MINI CIVIL STATION
          IRINJALAKKUDA, THRISSUR-680125

    3     THE VILLAGE OFFICER,
          VARAVUR VILLAGE, THALAPILLI TALUK, THRISSUR DISTRICT -
 WP(C) NO. 9169 OF 2022
                                  2



             680585.


OTHER PRESENT:

             SMT. AMMINIKUTTY SR.G.P




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   18.03.2022,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 9169 OF 2022
                               3




                         JUDGMENT

The limited prayer of the petitioners is that Exts.P2 and

P3 be directed to be taken up and acted upon by the

competent respondents within a time frame to be fixed by this

Court.

2. The afore request of Sri.V.K.Rafeek - learned

counsel for the petitioners, was answered by the learned

Senior Government Pleader - Smt.K.Amminikutty, submitting

that if the petitioners only require Exts.P2 and P3 to be taken

up and disposed of by the 1st respondent, there does not

appear to be any legal impediment in doing so; but added

that there is a suspicion that the attempt of the petitioner is

not merely to change its name in the Revenue Records but to

effect Transfer of Property indirectly through this method,

since there is a report of transfer of shares also. She

submitted that these issues may be allowed to be considered

by the 1st respondent, while Exts.P2 and P3 are disposed of. WP(C) NO. 9169 OF 2022

In the afore circumstances, I order this writ petition and

direct the 1st respondent - Tahsildar (LR) to take up Exts.P2

and P3 and dispose it of, after affording an opportunity of

being heard to the petitioners; thus culminating in an

appropriate order and necessary action thereon, as

expeditiously as is possible, but not later than three months

from the date of receipt of a copy of this judgment.

Sd/-

DEVAN RAMACHANDRAN JUDGE ANB WP(C) NO. 9169 OF 2022

APPENDIX OF WP(C) 9169/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 14.01.2022 ISSUED BY THE 3RD RESPONDENT VILLAGE OFFICER.

Exhibit P2 TRUE COPY OF FORM NO.8 FILED UNDER RULE 27OF KERALA SURVEY AND BOUNDARIES RULES, 1964 FILED BY THE 1ST PETITIONER DATED 01.11.2021.

Exhibit P3 TRUE COPY OF THE APPLICATION FILED JOINTLY BY THE 2ND AND 3RD PETITIONERS DATED 01.11.2021.