Sanjay Mithra vs The Revenue Divisional Officer
2023 Latest Caselaw 8513 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
        MONDAY, THE 7TH DAY OF AUGUST 2023 / 16TH SRAVANA, 1945
                        WP(C) NO. 25712 OF 2023
PETITIONER/S:

            SANJAY MITHRA, AGED 76 YEARS
            S/O.NIRADU BARAN MITHRA, SOCIAL WORKER,
            RESIDING AT P-64, KALINDI HOUSING ESTATE P.O.,LAKE
            TOWN, KOLKATA, WEST BENGAL,
            REPRESENTED BY POWER OF ATTORNEY HOLDER,
             SATYANARAYAN SIVARAMAN, 482, MANDAKINI ENCLAVE,
            KAIKAJI SOUTH DELHI, DELHI., PIN - 110019
            BY ADV RAHUL VENUGOPAL


RESPONDENT/S:

    1       THE REVENUE DIVISIONAL OFFICER,
            PALA, KOTTAYAM DISTRICT., PIN - 686575
    2       THE TAHSILDAR, TALUK OFFICE, MEENACHIL,
            KOTTAYAM DISTRICT., PIN - 686577
    3       THE VILLAGE OFFICER, TEEKOY VILLAGE,
            KOTTAYAM DISTRICT, PIN - 686580
    4       NAIGIL THOMAS,S/O.THOMAS, RESIDING AT NEDYAKALAYIL
            HOUSE, VAGAMON KARA, TEEKOY VILLAGE,
            KOTTAYAM DISTRICT., PIN - 686580
    5       JERSON ANTONY,S/O.ANTONY, RESIDING AT KADAPLAKKAL
            HOUSE, MEENACHIL KARA, MEENACHIL VILLAGE, MEENACHIL
            TALUK, KOTTAYAM DISTRICT., PIN - 686577
    6       JOHNSON,S/O.MATHAI, RESIDING AT PUTHANAPARAKUNNEL,
            THIDANADU KARA, POONJAR VADAKKEKARA VILLAGE, TEEKOY
            P.O., KOTTAYAM DISTRICT, PIN - 686580
    7       GEORGE,S/O.VARKEY, RESIDING AT POOVATHINAL,
            THIDANADU KARA, KONDOOR VILLAGE, CHEMMALAMATTOM P.O.,
            KOTTAYAM DISTRICT., PIN - 686529
    8       SHERJI THOMAS,S/O. THOMAS, RESIDING AT PURAPPANTHANATHU
            HOUSE, TEEKOY KARA, TEEKOY VILLAGE,
            TEEKOY P.O. KOTTAYAM DISTRICT, PIN - 686580


            GP - DEEPA V


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 25712 OF 2023             2



                                JUDGMENT

Petitioner and his wife claim to the absolute owners in

possession of 5 Acres of property comprised in Survey No.381 in

block No.62 of Theekoy village, Meenachil Taluk, Kottayam

district, which they have obtained in terms of sale deed No.2943

of 1989 of Principal S.R.O., Kottayam. According to the

petitioner, civil cases (in respect of the said property) between

the petitioner/his wife and respondent Nos.4 to 8, have attained

finality through a common judgment dated 26.03.2022 in A.S.

Nos.24/2008, 25/2008 & 132/2014 on the file of the Additional

District and Sessions Judge, Pala.

2. Learned counsel for the petitioner submits that the

claim of the petitioner and his wife for mutation of property in

their name is pending consideration before the 2 nd respondent.

Learned counsel would further submit that the petitioner would

be satisfied, if a direction is issued to the 2 nd respondent to

consider and pass orders on Ext.P3, after affording an

opportunity of hearing to respondent Nos.4 to 8 as well.

3. Learned Government Pleader submits that there is no

objection in such a direction being issued to the 2 nd respondent.

Accordingly, the writ petition will stand disposed of,

directing the 2nd respondent to consider and pass orders on

Ext.P3 request, after issuing notice to respondent Nos.4 to 8 as

well. The needful shall be done within a period of three months

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

make it clear that I have not expressed any opinion on the

merits of petitioner's claim and it will be open to the 2 nd

respondent to decide the matter, in accordance with the law.

Sd/-

GOPINATH P.

JUDGE ajt

APPENDIX OF WP(C) 25712/2023

PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE COMMON JUDGMENT IN A.S.NO.24/2008, A.S.NO.25/2008, AND A.S.NO.132/2014 BEFORE THE ADDITIONAL DISTRICT AND SESSION'S JUDGE, PALA BY WAY OF A.S.24/2008, JUDGMENT DATED 26-03-2022 Exhibit P2 A TRUE COPY OF THE ORDER PASSED BY THE REVENUE DIVISIONAL OFFICER DATED 28/11/2005 Exhibit-P3 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 1-2-2023