Kerala High Court
Jijitha Jabakumar vs The Village Officer on 14 August, 2023
W.P.(C)No.22092/2023 1
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. 22092 OF 2023
PETITIONER:
JIJITHA JABAKUMAR
AGED 46 YEARS
WIFE OF LATE JABAKUMAR SIMON, IMMANUAL COTTAGE,
M.S.A. ROAD, OLD MUNNAR, DIST. IDUKKI, PIN - 685612
BY ADVS.
K.REGHU KOTTAPPURAM
R.MAHESH (KOTTAPPURAM)
MURUKESH REGHU
RESPONDENTS:
1 THE VILLAGE OFFICER
MUNNAR VILLAGE, MUNNAR, DEVIKULAM TALUK, DIST.
IDUKKI, PIN - 685612
2 THE TAHASILDAR
DEVIKULAM TALUK, DEVIKULAM, DIST. IDUKKI., PIN -
685613
3 THE REVENUE DIVISIONAL OFFICER
DEVIKULAM, DIST. IDUKKI, PIN - 685613
OTHER PRESENT:
SMT. DEEPA V (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.22092/2023 2
JUDGMENT
The petitioner has approached this Court being aggrieved by the
fact that certain properties obtained by the petitioner under Ext.P1
partition deed executed as document No.1114/2022 of SRO, Devikulam
has not been mutated in favour of the petitioner and her minor children.
2. The learned counsel appearing for the petitioner would
submit that in respect of another item of property (A Schedule) covered
by Ext.P1 partition deed, this Court had considered the matter in
W.P.(C)No.21956/2022 which was disposed of by Ext.P3 judgment
dated 2.7.2022 as under:-
"In the above circumstances, this writ petition is disposed of,
directing the respondents to accept land tax and effect mutation
of 44 square metres of property situated in survey No.62/4 of
Munnar Village covered by Ext.P1 Partition deed, at the earliest,
at any rate, within two months from the date of receipt of a copy
of this judgment. It is made clear that the respondents are at
liberty to take action against the properties in question, if they
so desire, notwithstanding the payment of basic tax and
effecting of mutation."
3. The learned Government Pleader submits that the land in
question is Government land. The learned Government Pleader does
not dispute the fact that in respect of another item of property covered
by Ext.P1 partition deed, this Court had issued the aforesaid directions
in W.P.(C)No.21956/2022, reserving the right of the State to take action
in accordance with the law.
Having heard the learned counsel for the petitioner and the
learned Government Pleader and considering the fact that the property
which is subject matter of the directions in W.P.(C)No.21956/2022 and
the property in respect of which the petitioner is now claiming mutation
were all lying as one single plot prior to partition through Ext.P1, I see
no reason to take a different view from the view taken by this Court
while disposing of W.P.(C)No.21956/2022. Therefore, this writ petition
is allowed to the extent of directing the 1st respondent to accept land tax
and to effect mutation in respect of the property (B Schedule) obtained
by the petitioner and her minor children through Ext.P1 partition deed,
within a period of two months from the date of receipt of a certified copy
of this judgment. It is made clear that this direction will not stand in the
way of the Government in initiating any action in respect of the property
in question, in accordance with the law.
Sd/-
GOPINATH P.
JUDGE
acd
APPENDIX OF WP(C) 22092/2023
PETITIONER EXHIBITS
Exhibit P1 A PHOTOCOPY OF PARTITION DEED NO.
1114/2022 DATED 20-4-22 OF S.R.O.
DEVIKULAM
Exhibit P2 A PHOTOCOPY OF LAND TAX RECEIPT DATED 5-
7-2018 ISSUED IN THE NAME OF PETITIONER
BY VILLAGE OFFICER MUNNAR
Exhibit P3 A PHOTOCOPY OF JUDGEMENT DATED 27-7-2022
IN W.P.(C) 21956/ 2022
Exhibit P4 A PHOTOCOPY OF JUDGEMENT DATED 21-3-2022
IN W.P.(C) 6211/2022
