Gracy vs State Of Kerala, Represented By ...
2023 Latest Caselaw 903 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
 TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                    WP(C) NO. 41909 OF 2022
PETITIONER:

         GRACY
         AGED 61 YEARS
         W/O. DON BOSCO AND
         D/O. MATHAI MICHAEL,
         PUTHANPURAKKAL HOUSE,
         AZHEEKKAL P.O.,
         THEKKAN MALIPPURAM,
         ERNAKULAM DISTRICT, PIN - 682 508.

         BY ADVS.
         M.N.SANJITH
         JAISON JOSEPH
         ARCHANA RAMANAN
         VEENA VALLIKANTHAN


RESPONDENTS:

    1    STATE OF KERALA,
         REPRESENTED BY SECRETARY,
         REVENUE DEPARTMENT,
         SECRETARIAT BUILDING,
         THIRUVANANTHAPURAM, PIN- 695001.
    2    THE DISTRICT COLLECTOR,
         OFFICE OF THE DISTRICT COLLECTOR,
         CIVIL STATION,
         KAKKANAD,
         ERNAKULAM DISTRICT, PIN- 682 030.
    3    REVENUE DIVISIONAL OFFICER,
         OFFICE OF THE RDO,
         KOCHI - 682 001.
    4    THE ASSISTANT DIRECTOR,
         OFFICE OF THE ASSISTANT DIRECTOR,
         SURVEY AND LAND RECORDS & RE-SURVEY,
         5TH FLOOR,
         CIVIL STATION,
         KAKKANAD,
         ERNAKULAM - 682 030.
 WP(C) No.41909/2022
                            :2 :


     5     SUPERINTENDENT OF SURVEY AND
           LAND RECORDS (RE-SURVEY),
           ERNAKULAM,
           NOW AT CIVIL STATION,
           KAKKANAD,
           ERNAKULAM - 682 030.
     6     THE TAHSILDAR (L.R.),
           KOCHI TALUK,
           TALUK OFFICE,
           KOCHI - 682 001.
     7     THE ADDITIONAL TAHSILDAR (L.R),
           KOCHI TALUK,
           TALUK OFFICE,
           KOCHI - 682 001.
     8     THE TALUK SURVEYOR,
           KOCHI TALUK,
           TALUK OFFICE,
           KOCHI - 682 001.
     9     THE VILLAGE OFFICER,
           ELAMKUNNAPPUZHA VILLAGE,
           MALIPPURAM P.O.,
           KOCHI - 682 511.

           SMT.VIDYA KURIAKOSE, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP       FOR
ADMISSION ON 17.01.2023, THE COURT ON THE SAME       DAY
DELIVERED THE FOLLOWING:
 WP(C) No.41909/2022
                                  :3 :




                        JUDGMENT

Dated this the 17th day of January, 2023

The petitioner states that the immovable property

having an extent of 10 Ares comprised in Survey No.1435/1,

Re-Survey Block No.9, Re-Survey No.466/7 of

Elamkunnappuzha Village, Kochi Taluk belonged to Mathai

Michael as per patta No.LA 50/76 of Kochi Taluk. The

property was later gifted by Mathai Michael to the petitioner as

per Ext.P1 Gift Deed. The petitioner applied for mutation for

changing the aforesaid property in her name, in the transfer of

Registry and Revenue records. The respondent No.9

informed that in the Re-Survey records it is still shown as

puramboke land and directed the petitioner to file appeal for

rectifying the same and for correction in the Revenue records.

The petitioner states that as per Ext.P4 decision and Ext.P5

decision in Form-73, it was decided to change the name in WP(C) No.41909/2022

Revenue records. The decision is carried out in the field and

in the records on 30.11.1991 and 30.03.1992 respectively. In

spite of such decisions, the property covered under Ext.P1 is

still shown as Government property instead of in the

petitioner's name. Though the petitioner has submitted

Exts.P6 and P7 applications, the decision taken as per

Exts.P4 and P5 is not implemented.

2. The Government Pleader, on instructions from the

6th respondent-Tahsildar, submitted that to change the

records, the petitioner has to effect mutation for which the

petitioner has to make a proper application. As on date, there

is no application for mutation pending before the respondents.

If the petitioner submits a proper application and produces all

other supporting documents, necessary steps can be taken in

that regard.

In view of the stand now taken by the 6 th

respondent-Tahsildar, the writ petition is disposed of directing

the petitioner to make an application for mutation before the

6th respondent-Tahsildar. If the petitioner makes an WP(C) No.41909/2022

application before the 6th respondent-Tahsildar within a period

of two weeks along with all supporting documents, the 6 th

respondent-Tahsildar shall consider the same and pass

appropriate orders thereon, taking into consideration Exts.P4

and P5 decisions, within a further period of two months.

Sd/-

N. NAGARESH JUDGE

sss WP(C) No.41909/2022

APPENDIX OF WP(C) 41909/2022

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE PHOTOCOPY OF GIFT DEED NO. 2386 OF 1984 OF SRO, NARAKKAL REGISTERED ON 28.11.1984.

EXHIBIT P2 THE TRUE PHOTOCOPY OF THE LAND TAX RECEIPT DATED 12.03.1991 ISSUED BY VILLAGE ASSISTANT, ELAMKUNNAPPUZHA VILLAGE.

EXHIBIT P3 TRUE PHOTOCOPY OF THE REPORT OF THE SURVEYOR DATED 26.11.1991 OBTAINED BY THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT.

EXHIBIT P4 THE TRUE PHOTOCOPY OF THE DECISION DATED 30.11.1991 OF RESPONDENT NO.5, OBTAINED BY THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT.

EXHIBIT P4(A) THE READABLE TYPEWRITTEN COPY OF DECISION TAKEN BY RESPONDENT NO.5 VIDE EXHIBIT P4.

EXHIBIT P5 TRUE PHOTOCOPY OF DECISION OF RESPONDENT NO.5 IN FORM NO.73 OBTAINED BY THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT.

EXHIBIT P6 THE TRUE COPY OF APPLICATION SUBMITTED BY THE PETITIONER DATED 02.05.2015 BEFORE RESPONDENT NO.7.

EXHIBIT P7 THE TRUE PHOTOCOPY OF THE APPLICATION DATED 06.10.2022 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.4. EXHIBIT P8 THE TRUE PHOTOCOPY OF THE RELEVANT PAGE OF THE BASIC TAX REGISTER ISSUED RECENTLY BY RESPONDENT NO.9 DATED 06.12.2022.