Dr.Rekha Kuruvilla vs The State Of Kerala
2023 Latest Caselaw 10625 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
     MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
                       WP(C) NO. 32751 OF 2023
PETITIONER:
           DR.REKHA KURUVILLA,
           AGED 50 YEARS
           D/O KURUVILLA,
           RESIDING AT THOMBRAYIL HOUSE,
           CHELAD P.O, KOTHAMANGALAM - 686681

          BY ADVS.
          P.MARTIN JOSE
          P.PRIJITH
          THOMAS P.KURUVILLA
          R.GITHESH
          AJAY BEN JOSE
          MANJUNATH MENON
          SACHIN JACOB AMBAT
          ANNA LINDA EDEN
          HARIKRISHNAN S.
          S.SREEKUMAR (SR.)


RESPONDENTS:

    1     THE STATE OF KERALA
          REPRESENTED BY ITS PRINCIPAL SECRETARY,
          REVENUE DEPARTMENT, GOVERNMENT SECRETARIATE
          THIRUVANANTHAPURAM-, PIN - 695001

    2     THE LAND REVENUE COMMISSIONER,
          REVENUE COMPLEX, PUBLIC OFFICE BUILDING,
          MUSEUM JUNCTION,
          THIRUVANANTHAPURAM PIN - 695033

    3     THE DISTRICT COLLECTOR,
          CIVIL STATION,
          KAKKANADU ERNAKULAM - 682030

    4     TAHASILDAR (LR)
          TALUK OFFICE, KOTHAMANGALAM,
          ERNAKULAM - 686691

    5     THE VILLAGE OFFICER,
          KUTTAMPUZHA,
          ERNAKULAM - 686681
 WP(C) NO. 32751 OF 2023               : 2 :

            R BY GP ADV.RIYAL DEVASSY


     THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION    ON   16.10.2023,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 32751 OF 2023               : 3 :



                         JUDGMENT

The petitioner purchased an extent of 60 cents of

land from one N.C.Mathew as per document

No.2995/1995 dated 21.10.1995 which was assigned

to him as per Ext.P1 patta. After purchasing the

property, the petitioner sought for its mutation. Since

mutation was not effected, the petitioner submitted

Ext.P5 representation before the Adalath, pursuant to

which the 3rd respondent called for a report from the

4th respondent and the 4th respondent submitted

Ext.P6 report stating that orders are to be issued for

change of nature of land and to effect mutation of

registry. Accordingly, the petitioner submitted a

representation before the 2nd respondent on

09.08.2021 to effect mutation of registry of land in

her name. The 2nd respondent issued Ext.P7

proceedings directing the 3rd respondent to correct

the mistakes, if any, in the survey number mentioned

in the patta and to effect mutation.

2. In pursuance of Ext.P7, the 3rd respondent, by

Ext.P8 proceedings, directed the 4 th respondent to

effect mutation of the registry of the land of the

petitioner after ascertaining the correct survey

number and for which the petitioner remitted the

required sub division charges as evident from Ext.P9

challan. The grievance of the petitioner is that the 4 th

respondent is not initiating any steps to effect

transfer of registry despite the issuance of Exts.P7,

P8.

3. The learned senior counsel appearing for the

petitioner submits that in the light of Exts.P7 and P8,

the 4th respondent is duty bound to effect transfer of

registry in respect of the land covered by Ext.P4.

Accordingly, the petitioner has preferred Ext.P10

representation before the 2nd respondent, pointing

out the non compliance of Exts.P7 and P8 orders,

which was also not acted upon. The petitioner has

preferred this writ petition for a direction to the 4 th

respondent to effect transfer of registry in

compliance with Exts.P7 and P8.

4. Heard the learned counsel for the petitioner

and the learned Government Pleader.

5. Since the application for mutation is pending

before the 4th respondent, it is for the 4th respondent

to take such an application to a logical conclusion.

Accordingly, there will be a direction to the 4 th

respondent to consider the application of the

petitioner for transfer of registry in respect of the

land covered by Ext.P4 in the light of Exts.P7 and P8

and in accordance with law, within a period of three

months from the date of receipt of a copy of this

judgment. Needless to say that before passing an

order, the petitioner shall also be heard.

The writ petition is disposed of with the said

direction.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SB

APPENDIX PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PATTA NO. 13387 DATED 26-

11-1993 UNDER THE LAND ASSIGNMENT ACT AND RULES.

Exhibit P2 TRUE COPY OF THE BASIC TAX RECEIPT DATED 21-

02-1994.

Exhibit P3 TRUE COPY OF THE MAHAZAR PREPARED BY THE SURVEYOR OBTAINED UNDER THE RIGHT TO INFORMATION ACT

Exhibit P4 TRUE COPY DOCUMENT NO. 2995 OF 1995 DATED 21-10-1995

Exhibit P5 TRUE COPY OF REPRESENTATION DATED 09-02-2021 BEFORE THE ADALATH.

Exhibit P6 TRUE COPY OF REPRESENTATION DATED 24-02-2021 BEFORE THE 3RD RESPONDENT.

Exhibit P7 TRUE COPY OF PROCEEDINGS DATED 16-11-2021.

Exhibit P8 TRUE COPY OF PROCEEDINGS DATED 29-11-2021

Exhibit P9 TRUE COPY OF CHALLAN DATED 02-03-2022

Exhibit P10 TRUE COPY OF REPRESENTATION DATED 29-03-2023