Bobby Mathew vs The Village Officer, Edakkunnam ...
2023 Latest Caselaw 6567 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
        THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
 TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945
                        WP(C) NO. 10992 OF 2014
PETITIONER/S:

            BOBBY MATHEW, PUTHENPARAMBIL HOUSE,PURAKKAD P.O,
            PIN 688 561, ALLEPPEY DISTRICT, REPRESENTED BY
            HIS POWER OF ATTORNEY HOLDER AND FATHER P.V
            MATHAI, PUTHENPARAMBIL HOUSE, PURAKKAD P.O, PIN
            688561, ALLEPPEY DISTRICT

            BY ADVS.
            SMT.ELIZABETH MATHAI IDICULLA
            SRI.MARTIN D.ALUMKARA
            SRI.MOHAN IDICULLA ABRAHAM
            SRI.RACHEL JOSEPH
            SMT.R.REMA MENON
            SMT.R.RAJASREE CHUTTIMATTATHIL



RESPONDENT/S:

    1          THE VILLAGE OFFICER, EDAKKUNNAM VILLAGE
               EDAKKUNNAM P.O,KOTTAYAM DISTRICT PIN 686 512

    2          THE TAHSILDAR
               KANJIRAPALLY TALUK,KANJIRAPALLY P.O,KOTTAYAM
               DISTRICT PIN 686 507

               BY ADVS.
               GOVERNMENT PLEADER SMT.REKHA C. NAIR


        THIS     WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON   13.06.2023,     THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 10992 OF 2014

                               ..2..




                          JUDGMENT

This writ petition is filed seeking for a

direction to the respondents to effect mutation

of the properties purchased by the petitioner as

per Exts.P1 and P2 sale deeds.

2. Today, when the matter is taken up, the

learned counsel for the petitioner submits that

during the pendency of the writ petition,

mutation of the properties has been effected and

no further grievance subsists in the writ

petition. The learned counsel for the petitioner

seeks for change of nature of the properties.

3. The said issue is not a subject matter of

this writ petition. For change of nature of the

properties, the petitioner has to approach the

concerned authorities with a proper application.

As submitted by the learned counsel for the

petitioner, since the mutation has been effected

in respect of the properties purchased by the WP(C) NO. 10992 OF 2014

..3..

petitioner as per Exts.P1 and P2, the writ

petition is closed.

Sd/-

SHOBA ANNAMMA EAPEN

JUDGE bka/-

WP(C) NO. 10992 OF 2014

..4..

APPENDIX OF WP(C) 10992/2014

PETITIONER EXHIBITS

EXHIBIT P1 TRUE PHOTOCOPY OF SALE DEED NO 1034/2013 DATED 8-7-2013,OF SUB REGISTRAR'S OFFICE,KOOVAPPALLY

EXHIBIT P2 TRUE PHOTOCOPY OF SALE DEED NO 1117/2013,DATED 1-08-2013,OF THE SUB REGISTRAR'S OFFICE,KOOVAPPALLY

EXHIBIT P3 TRUE PHOTOCOPY OF SALE DEED NO 1507/2011 DATED 11-04-2011 OF THE SUB REGISTRAR'S OFFICE,KANJIRAPPALLY

EXHIBIT P4 TRUE PHOTOCOPY OF THE BASIC TAX RECEIPT,ISSUED TO REENA JOHN,DATED 20-05-2013

EXHIBIT P5 TRUE PHOTOCOPY OF THE APPLICATION FOR MUTATION,DATED NIL,RELATING TO THE PROPERTY COVERED BY EXHIBIT P1 SALE DEED

EXHIBIT P6 TRUE PHOTOCOPY OF THE APPLICATION FOR MUTATION,DATED NIL,RELATING TO THE PROPERTY COVERED BY EXHIBIT P2 SALE DEED

EXHIBIT P7 TRUE PHOTOCOPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 5-11-2013 TO THE 1ST RESPONDENT UNDER THE RIGHT TO INFORMATION ACT

EXHIBIT P8 TRUE PHOTOCOPY OF THE REPLY TO EXHIBIT P7,DATED 6-11-2013 ISSUED BY THE 1ST RESPONDENT WP(C) NO. 10992 OF 2014

..5..

EXHIBIT P9 A TRUE PHOTOCOPY OF THE LETTER NO 10654/N1/08/RD DATED 24-03- 2008 FROM THE PRINCIPAL SECRETARY TO GOVERENMENT REVENUE (N) DEPARTMENT TO THE SECRETARY,LAND TRIBUNAL,THIRUVANANTHAPURAM

EXHIBIT P9(A) A COMPOUTER TYPED LEGIBLE COPY OF EXHIBIT P9,DATED 24-03-2008

EXHIBIT P10 TRUE PHOTOCOPY OF THE APPLICATION SUBMITTED BY THE PETITIONER,DATED 27-11-2013 TO THE 1ST RESPONDENT UNDER THE RIGHT TO INFORMATION ACT

EXHIBIT P11 TRUE PHOTOCOPY OF THE REPLY TO EXHIBIT P10,DATED 12-12-2013,ISSUED BY THE 1ST RESPONDENT

EXHIBIT P12 TRUE PHOTOCOPY OF THE BASIC TAX RECEIPT ISSUED TO RAJU MATHEW,DATED 15-04-2013

EXHIBIT P13 ROUGH SKETCH SHOWING THE RESIDENTIAL PLOTS OF LAND SURROPUNDING THE LAND BELONGING TO THE PETITIONER,DATED NIL

EXHIBIT P14 TRUE PHOTOCOPY OF THE APPLICATION SUBMITTED BY THE PETITIONER,DATED 28-12-2013,TO THE 1ST RESPONDENT UNDER THE RIGHT TO INFORMATION ACT

EXHIBIT P15 TRUE PHOTOCOPY OF THE REPLY TO EXHIBIT P11,DATED 27-01-2014 ISSUED BY THE 1ST RESPONDENT WP(C) NO. 10992 OF 2014

..6..

EXHIBIT P16 TRUE PHOTOCOPY OF THE POSSESSION AND NON-ATTACHMENT CERTIFICATE DATED 18-06-2013,ISSUED BY THE 1ST RESPONDENT IN THE NAME OF REENA JOHN,THE PREDECESSOR IN TITLE OPF THE PETITIONER