Majish V vs District Collector
2023 Latest Caselaw 8888 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                     THE HONOURABLE MR. JUSTICE GOPINATH P.
       MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
                              WP(C) NO. 16837 OF 2023
PETITIONER:

                  MAJISH V
                  AGED 41 YEARS
                  POOVALAPPIL HOUSE KANAYI.P.O, PAYYANUR KANNUR DISTRICT,
                  PIN - 670307

                  BY ADV UNNI. K.K. (EZHUMATTOOR)



RESPONDENTS:

       1          DISTRICT COLLECTOR
                  CIVIL STATION, VIDYANAGAR KASARGOD, PIN - 671123

       2          TAHASILDAR
                  HOSDURG TALUK OFFICE KANHAGAD, PIN - 671315

       3          VILLAGE OFFICER
                  VILLAGE OFFICE, CHEEMENI CHEEMENI P.O, PIN - 671313

                  BY ADV GOVERNMENT PLEADER



OTHER PRESENT:

                  SMT. PREETHA K K (SR GP)


THIS       WRIT    PETITION   (CIVIL)   HAVING    COME   UP   FOR   ADMISSION   ON
14.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.16837/2023                    2

                                JUDGMENT

The petitioner has approached this Court being aggrieved by the fact

that mutation in respect of 1.21 Ares of land in Re-Sy. No.260/1A1A1 of

Cheemeni Village in Hosdurg Taluk has not been effected in favour of the

legal heirs of the petitioner's father, namely, the petitioner, his brother

(Mahesh P.) and his mother Devaki. It is submitted that, though tax was

not remitted over the property by late Balakrishnan for several years, this

is not a ground to refuse mutation in favour of the petitioner and other

legal heirs of late Balakrishnan.

2. The learned Government Pleader on instructions would

submit that the petitioner and other legal heirs of late Balakrishnan have

not even been able to identify the property in question. It is submitted

that the death certificate and legal heirship certificate of late Balakrishnan

have also not been produced before the authorities for consideration of

the request for effecting mutation.

3. The learned counsel appearing for the petitioner would submit

that the petitioner will be satisfied if a direction is issued to the 3 rd

respondent to consider Ext.P4 request made by the petitioner, within a

time frame. It is submitted that the petitioner will appear before the 3 rd

respondent (Village Officer), Cheemeni Village and produce whatever

documents that may be necessary in support of the application for

effecting mutation.

4. Having heard the learned counsel for the petitioner and the

learned Government Pleader, this writ petition will stand disposed of

directing the 3rd respondent to consider and pass orders on Ext.P4. If the

petitioner is required to produce any documents in support of the

application for mutation, the petitioner shall produce the same before the

3rd respondent. The petitioner shall appear before the 3 rd respondent

along with a certified copy of this judgment and a copy of the writ petition

at 11 A.M. on 8.9.2023 and thereafter, the matter shall be considered by

the 3rd respondent, in accordance with the law. It is also directed that, if

the 3rd respondent is not able to process the application filed by the

petitioner for any reason, the same shall be forwarded to the 2 nd

respondent for due consideration, in which event the matter shall be

considered by the 2nd respondent, within the time lines specified above.

Sd/-

GOPINATH P.

JUDGE acd

APPENDIX OF WP(C) 16837/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE DEED NO.2769/1987 DATED 15.6.1987 OF SRO TRIKARIPUR

Exhibit P2 TRUE COPY OF THE DEED NO.273/1990 OF SRO TRIKARIPUR

Exhibit P3 TRUE COPY OF THE COMMUNICATION DATED 21.11.2022 OF THE 2ND RESPONDENT

Exhibit P4 TRUE COPY OF THE PETITION WITH RECEIPT DATED 10.4.2023