Vijayakrishnan vs The District Collector
2023 Latest Caselaw 2979 Ker

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                           PRESENT

                       THE HONOURABLE MR. JUSTICE GOPINATH P.

               MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944

                                WP(C) NO. 8568 OF 2023

PETITIONER:

               VIJAYAKRISHNAN
               AGED 74 YEARS
               S/O. KRISHNAN KARTHA, CHEMBAKASSERY HOUSE, (VIJAYA BHAVANAM),
               CHEMBU VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT, PIN - 686608
               BY ADVS.
               V.R.KESAVA KAIMAL
               C.DEVIKA RANI KAIMAL


RESPONDENTS:

      1        THE DISTRICT COLLECTOR
               COLLECTORATE, KOTTAYAM, PIN - 686002
      2        THE TAHSILDAR (LAND RECORDS)
               VAIKOM TALUK OFFICE, KOTTAYAM, PIN - 686001
      3        THE VILLAGE OFFICER
               CHEMBU VILLAGE, VAIKOM, KOTTAYAM DISTRICT, PIN - 686608

OTHER PRESENT:

               SRI. BIMAL K NATH (SR GP)



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.03.2023, THE COURT

ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P. (C) No. 8568 of 2023
                                    ..2..




                             JUDGMENT

The petitioner has approached this court being aggrieved by

the inordinate delay in mutating the properties covered by

Ext.P1 document and Ext.P2 Will in the name of the petitioner.

Out of the properties obtained by the petitioner through Ext.P1

document and Ext.P2 will, an extend of 3.600 cents of land was

sold by the petitioner through Ext.P3 Deed. The balance land of

17.400 cents is stated to be in the possession and enjoyment of

the petitioner. The learned counsel appearing for the petitioner

would submit that the mutation has not been effected in the

name of the petitioner.

2. The learned counsel for the petitioner submits that for the

present, the petitioner will be satisfied, if a direction is issued to

the 2nd respondent to consider Ext.P11 and the applications filed

by the petitioner for mutation, etc, after affording an opportunity

of hearing to the petitioner or his authorized representative.

3. The learned Government Pleader would submit that the W.P. (C) No. 8568 of 2023 ..3..

petitioner has preferred Ext.P11 representation before the 2 nd

respondent and the same can be directed to be considered by the

2nd respondent within a time frame to be fixed by this court.

4. Having heard the learned counsel for the petitioner and

the learned Senior Government pleader appearing for the official

respondents, this Writ Petition will stand disposed of directing

the respondents to consider and pass orders on Ext. P11 after

affording an opportunity of hearing to the petitioner or his

authorized representative, within a period of two months from

the date of receipt of a certified copy of this judgment.

The Writ Petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE RMV W.P. (C) No. 8568 of 2023 ..4..

APPENDIX OF WP(C) 8568/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED NO.347/1984 DATED 10.02.1984 OF S.R.O. VAIKOM Exhibit P2 TRUE COPY OF THE WILL NO.120/2008/III DATED 09.07.2008 OF S.R.O. VAIKOM Exhibit P3 TYPED COPY OF THE SALE DEED/ CORRECTION DEED NO.2385/1988 DATED 20.09.1988 OF S.R.O. VAIKOM Exhibit P4 TRUE COPY OF THE APPLICATION DATED 05.02.2018 SUBMITTED BY THE WIFE OF THE PETITIONER BEFORE THE FIRST RESPONDENT Exhibit P5 TRUE COPY OF ACKNOWLEDGEMENT DATED 05.02.2018 RECEIPT ISSUED BY THE OFFICE OF THE FIRST RESPONDENT Exhibit P6 TRUE COPY OF ORDER SEEKING A REPORT FROM THE SECOND RESPONDENT ISSUED BY THE FIRST RESPONDENT ON 14.02.2018 Exhibit P7 TRUE COPY OF THE ACKNOWLEDGEMENT ISSUED BY THE SECOND RESPONDENT Exhibit P8 TRUE COPY OF THE RECEIPT DATED 08.06.2018 ISSUED BY THE SECOND RESPONDENT Exhibit P9 TRUE COPY OF THE RECEIPT DATED 26.09.2018 ISSUED BY THE SECOND RESPONDENT Exhibit P10 TRUE COPY OF THE REPORT DATED 08.03.2018 SUBMITTED BY THE THIRD RESPONDENT BEFORE THE SECOND RESPONDENT Exhibit P11 TRUE COPY OF THE APPLICATION DATED 15.02.2023 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT Exhibit P12 TRUE COPY OF THE RECEIPTS DATED 15.02.2023ISSUED BY THE SECOND RESPONDENT

RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A.TO JUDGE