Vahab M.M vs State Of Kerala
2023 Latest Caselaw 1869 Ker

W.P.(C) No.3296 of 2023             1




                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
      WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
                          WP(C) NO. 3296 OF 2023
PETITIONERS:
     1     VAHAB M.M
           AGED 57 YEARS
           VADAKKEMANGATT HOUSE, THEKKUMBHAGOM P.O,
           PARAVUR, KOLLAM DISTRICT., PIN - 691319
     2     NIHAS M.M
           AGED 52 YEARS
           S/O. MAHAMOOD,
           VADAKKEMANGATT HOUSE, THEKKUMBHAGOM P.O,
           PARAVUR, KOLLAM DISTRICT., PIN - 691319
     3     SINUMON M
           AGED 43 YEARS
           S/O. MUHAMMED NOOHU,
           VADAKKEMANGATT HOUSE, THEKKUMBHAGOM P.O,
           PARAVUR, KOLLAM DISTRICT., PIN - 691319
           BY ADV RAJ CAROLIN V.
RESPONDENTS:
     1     STATE OF KERALA
           REPRESENTED BY CHIEF SECRETARY TO THE GOVERNMENT,
           GOVT. SECRETARIAT,
           THIRUVANANTHAPURAM DISTRICT., PIN - 695001
     2     SUB COLLECTOR /REVENUE DIVISIONAL OFFICER
           REVENUE DIVISIONAL OFFICE, DISTRICT COLLECTORATE,
           KOLLAM DISTRICT., PIN - 691013
     3     THE TAHSILDAR- LAND RECORDS
           TALUK OFFICE, KOLLAM DISTRICT., PIN - 691001
     4     THE VILLAGE OFFICER
           KOTTAPPURAM VILLAGE, KOLLAM TALUK,
           THEKKUMBHAGOM P.O,KOLLAM DISTRICT., PIN - 691319
           BY ADV.SRI.BIMAL NATH, SENIOR GOVERNMENT PLEADER


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.3296 of 2023                     2




                                      JUDGMENT

Dated this the 1st day of February, 2023

This writ petition is filed by the petitioners seeking the following reliefs:

i) issue a writ of Certiorari or any other writ or order quashing Exhibit P7 order issued by the third respondent after calling the records related to issuance of the same.

ii) Issue writ of mandamus or any other writ or order directing the third respondent to mutate the property comprising of 18.33 Ares in Old Survey No. 3541, Re. Survey Block No. 34, Survey 522/2 of Kottappuram Village (erstwhile Paravur Village), Kollam Taluk in the name of the petitioners as per Rule 28 of the Transfer of Registry Rules, 1966.

(iii) Issue writ of mandamus or any other writ or order directing the third respondent to allow Exhibit P3 application for mutation filed by the petitioner and consequently direct the fourth respondent to receive the land tax from the petitioner.

(iv) Issue writ of mandamus or any other writ or order directing the second respondent to consider Exhibit P8 appeal in a time bound manner.

v) grant such other reliefs as this Court deems fit in the facts and circumstances of the case.

vi) Petitioner also prays that this Hon'ble court may be pleased to dispense with the translation of the documents produced in the Vernacular Language.

2. According to the petitioners, petitioners would be satisfied, if a direction is

issued to finalise Exhibit P8 appeal pending before the Sub Collector/Revenue

Divisional Officer, Kollam - the 2nd respondent, apparently under the provisions of

the Transfer of Registry Rules, 1966.

Therefore, after having heard learned counsel for petitioners Sri.Raj Carolin

V., and learned Senior Government Pleader Sri.Bimal K. Nath, this writ petition is

disposed of directing the 2nd respondent to finalise Exhibit P8, at the earliest and at

any rate within four months from the date of receipt of a copy of this judgment.

Sd/-

                                                   SHAJI P.CHALY

smv                                                      JUDGE





                          APPENDIX OF WP(C) 3296/2023

PETITIONER'S EXHIBITS
Exhibit P1            TRUE COPY OF THE DEMAND CUM DISCONNECTION

NOTICE DATED 25/11/2021 ISSUED BY THE KERALA STATE ELECTRICITY BOARD LIMITED FOR THE MONTH OF NOVEMBER 2021 IN THE NAME OF SHRI.

MOHAMMED.

Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT BEARING NO.

KL02032700252/2021 OF KOTTAPPRAM VILLAGE DATED 22/01/2021.

Exhibit P3 TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE VILLAGE OFFICER; KOTTAPPURAM UNDER RULE 28 OF T. R. RULES DATED 07/01/2022.

Exhibit P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE TAHSILDAR (L.R), TALUK OFFICE, KOLLAM DATED 28/02/2022.

Exhibit P5 TRUE COPY OF THE JUDGEMENT IN WRIT PETITION (CIVIL) NO. 8232/2022 DATED 28/06/2022.

Exhibit P6 TRUE COPY OF THE JUDGMENT IN CON. CASE(C) NO.

2492 OF 2022 DATED 16/01/2023 BY THIS HON'BLE COURT.

Exhibit P7 TRUE COPY OF THE PROCEEDINGS AND ORDER OF THE THIRD RESPONDENT TAHSILDAR (L.R) KOLLAM DISTRICT BEARING NO. C2. 4975/22 DATED 19/12/2022.

Exhibit P8 TRUE COPY OF THE APPEAL SUBMITTED BEFORE THE SECOND RESPONDENT ON 20/01/2023 ALONG WITH THE POSTAL RECEIPT.

Exhibit P9 TRUE COPY OF ORDER ISSUED BY TAHSILDAR, VARKALA TALUK BEARING NO. K2-13622/19 DATED 04/09/2020.

Exhibit P10 TRUE COPY OF THE ORDER ISSUED BY TAHSILDAR TIRUR TALUK BEARING NO. H1-9779/18 DATED 28/12/2018.