Meerakuthoor vs State Of Kerala
2023 Latest Caselaw 11374 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
    TUESDAY, THE 7TH DAY OF NOVEMBER 2023 / 16TH KARTHIKA, 1945
                       WP(C) NO. 34025 OF 2023
PETITIONER:

          MEERAKUTHOOR, AGED 63 YEARS
          W/O. PRASAD . P. VARGHESE,
          PUKUNNEL HOUSE, PUTHUPPADI P.O.,
          KOTHAMANGALAM TALUK, MUVATTUPUZHA - 686673

          BY ADVS.
          P.R.VENKATESH
          LAKSHMI MEENAKSHI P.R.



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY,
          DEPARTMENT OF REVENUE, SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001

    2     THE SECRETARY
          DEPARTMENT OF FOREST AND WILD LIFE,
          THIRUVANANTHAPURAM, PIN - 695001

    3     THE SUB REGISTRAR
          VADAKKENCHERRY, ALATHUR,
          PALAKKAD DISTRICT - 678683

    4     THE LAND REVENUE COMMISSIONER
          OFFICE OF COMMISSIONER, LAND REVENUE,
          PUBLIC OFFICE BUILDING, MUSEUM ROAD,
          OPP. ZOO, VIKAS BHAVAN,
          THIRUVANANTHAPURAM - 695033

    5     THE DISTRICT COLLECTOR
          COLLECTORATE, CIVIL STATION,
          PALAKKAD, PIN - 678001

    6     THE DIVISIONAL FOREST OFFICER
          NENMARA, DIST PALAKKAD, PIN - 678508

    *7    THE TAHSILDAR
          TALUK OFFICE, COURT ROAD,
 WP(C) NO. 34025 OF 2023         : 2 :


            ALATHUR, DIST. PALAKKAD, PIN - 678541
            (*THE DESCRIPTION OF THE 7TH RESPONDENT IN THE
            CAUSE TITLE IS CORRECTED AS 'THE TAHSILDAR (LR)'
            AS PER JUDGMENT DATED 07.11.2023)

    8       THE VILLAGE OFFICER
            KIZHAKKENCHERY-II VILLAGE,
            ALATHUR, PALAKKAD-678 541

   *9       THE ASSISTANT DIRECTOR,
            FOREST MINI SURVEY
            ARAKKINAR, MATHOTTAM,
            KOZHIKODE - 673 028
            (*IS SUO MOTU IMPLEADED AS PER ORDER DATED
            07.11.2023)


     THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION    ON   07.11.2023,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 34025 OF 2023         : 3 :


                       JUDGMENT

The petitioner is in possession and enjoyment of

4.2493 Hectares of land covered by Ext.P1. She

submitted an application for mutation of the said

property. The application for mutation is not considered

by the 7th respondent Tahsildar, for the reason that

demarcation has to be made by the Forest Authorities

to ascertain whether any forest land is included in the

property covered by Ext.P1. The petitioner is aggrieved

by the delay in considering the application for mutation.

Accordingly, the petitioner has approached this Court

by filing this writ petition.

2. Heard the learned counsel for the petitioner and

the learned Special Government Pleader.

3. The learned Special Government Pleader, on

instructions, submits that the petitioner's application

for mutation can be considered, if she files an

application before the Assistant Director, Forest Mini

Survey, Kozhikode for demarcation, with all relevant

documents. On the basis of the demarcation by the said

authority, the Divisional Forest Officer will issue NOC,

pursuant to which, the petitioner can apply for

mutation.

4. Accordingly, "the Assistant Director, Forest Mini

Survey, Arakkinar, Mathottam, Kozhikode" is suo motu

impleaded as the additional 9th respondent. Further the

description of the 7th respondent in the cause title is

corrected as 'the Tahsildar (LR)'.

5. In the facts and circumstances of the case and

having considered the submissions made across the

Bar, there will be a direction to the petitioner to

approach the additional 9th respondent with necessary

application for demarcation of the property covered by

Ext.P1 with all relevant documents. The petitioner shall

also submit a copy of the said application before the

Divisional Forest Officer, the 6th respondent. The

additional 9th respondent shall complete the process of

demarcation within a period of six months from the

date of receipt of the said application. Once the

demarcation is carried out based on the same, the

Divisional Forest Officer shall issue NOC to the

petitioner, within one month therefrom. On receipt of

the NOC, the petitioner shall file necessary application

before the 7th respondent Tahsildar for mutation. The

Tahsildar (LR) shall complete the process of transfer of

registry, within one month from the date of receipt of

the application for mutation.

The writ petition is disposed of accordingly.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SB

APPENDIX

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF REGISTERED JENMOM ASSIGNMENT DEED DOCUMENT NO.1521/2002 OF VADAKKENCHERY SRO

Exhibit P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 16.1.2014 ISSUED BY THE VILLAGE OFFICE, KIZHAKKENCHERY-II VILLAGE

Exhibit P3 TRUE COPY OF RECEIPT DATED 27.7.2023

Exhibit P4 TRUE COPY OF THE APPLICATION DATED 28.5.2007 SUBMITTED BY THE PETITIONER BEFORE THE FOREST DEPARTMENT

Exhibit P5 TRUE COPY OF THE ORDER IN CRP NO. 1459/88 DATED 24.8.1989 OF THIS HON'BLE COURT

Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 2.3.1993 IN O.P. NO. 13235 OF 1992 FILED BY THE PREDECESSORS IN INTEREST OF THE PETITIONER BEFORE THIS HON'BLE COURT

Exhibit P7 TRUE COPY OF JUDGMENT W.P.(C) NO. 21713/2021 DATED 15.11.2021 OF THIS HON'BLE COURT

Exhibit P8 TRUE COPY OF THE JUDGMENT DATED 13.10.2022 IN W.P.(C) NO. 29835/2018 AND CONNECTED WRIT PETITIONS

Exhibit P9 TRUE COPY OF JUDGMENT DATED 13.12.2022 IN W.P.

(C) NO. 40129/2022 OF THIS HON'BLE COURT

Exhibit TRUE COPY OF JUDGMENT DATED 14.09.2023 IN W.P. P10 (C) NO. 2035/2023 OF THIS HON'BLE COURT

Exhibit TRUE COPY OF JUDGMENT DATED 14.09.2023 IN W.P. P11 (C) NO. 1986/2023 OF THIS HON'BLE COURT

Exhibit TRUE COPY OF TAX ASSESSMENT P12

Exhibit TRUE COPY OF THE PROPERTY TAD NOTICE FROM P13 KIZHAKKENCHERRY GRAMA PANCHAYATH

Exhibit TRUE COPY OF RECEIPT ISSUED BY THE P14 KIZHAKKENCHERRY GRAMA PANCHAYAT