Mohammed Kassim vs The District Collector ...
2023 Latest Caselaw 10975 Ker

       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
   THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH
                     KARTHIKA, 1945
                WP(C) NO. 2163 OF 2023
PETITIONERS:

   1      MOHAMMED KASSIM
          AGED 82 YEARS
          VADAKKE PARIYAVILA, ODAYAM, EDAVA VILLAGE,
          VARKALA P.O, THIRUVANANTHAPURAM DISTRICT., PIN
          - 695141
   2      NASEEM
          AGED 64 YEARS
          W/O. HUSSAIN, SAINABA MANZIL, ODAYAM, EDAVA
          VILLAGE, VARKALA P.O, THIRUVANANTHAPURAM
          DISTRICT., PIN - 695141
          BY ADVS.
          RAJ CAROLIN V.
          C.R.JAYAKUMAR
          NOBEL RAJU


RESPONDENTS:

   1      THE DISTRICT COLLECTOR THIRUVANANTHAPURAM
          2ND FLOOR CIVIL STATION BUILDING, CIVIL STATION
          ROAD, THIRUVANANTHAPURAM DISTRICT., PIN -
          695043
   2      THE TAHSILDAR- LAND RECORDS
          VARKALA TALUK, TALUK OFFICE VARKALA, COURT
          ROAD, VARKALA P.O, THIRUVANANTHAPURAM
          DISTRICT., PIN - 695141
   3      THE VILLAGE OFFICER
          EDAVA VILLAGE, VARKALA TALUK, PARAVUR -
          VARKALA RD, VETTAKADA, EDAVA P.O,
          THIRUVANANTHAPURAM DISTRICT., PIN - 695311
   4      THE TAHSILDAR CHIRAYANKEEZH
          MINI CIVIL STATION BUILDING, ATTINGAL,
          THIRUVANANTHAPURAM DISTRICT., PIN - 695101
 W.P.(C) No.2163/2023
                                2



     5      THE SUB REGISTRAR
            VARKALA SUB REGISTRAR OFFICE, LEKSHNANA
            BUILDING, VARKALA KALLAMBALAM RD, VARKALA
            P.O, THIRUVANANTHAPURAM DISTRICT., PIN -
            695141

            BY G.P. SMT.DEEPA


         THIS WRIT PETITION (CIVIL) HAVING COME UP
FOR ADMISSION ON 26.10.2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.2163/2023
                                   3




             MURALI PURUSHOTHAMAN, J.
        ---------------------------------------------
                W.P.(C) No.2163 of 2023
      -------------------------------------------------
         Dated this the 26th day of October, 2023


                            JUDGMENT

The petitioner has filed this writ petition

challenging Ext.P12 order passed by the 2nd

respondent, Tahsildar rejecting the application of the

petitioner for mutation of the property.

2. Heard the learned counsel for the petitioner

and the learned Government Pleader for the

respondents.

3. The learned Government Pleader points out

that the petitioner has got a statutory remedy

available by way of an appeal before the Revenue

Divisional Officer against Ext.P12. W.P.(C) No.2163/2023

4. The learned counsel for the petitioner

submits that the petitioner will prefer an appeal before

the Revenue Divisional Officer within a period of one

week from the date of receipt of a copy of this

judgment. The Revenue Divisional Officer,

Thiruvananthapuram is suo motu impleaded as

additional 6th respondent in this writ petition.

On receipt of such an appeal, the additional 6th

respondent, the RDO shall dispose of the same in

accordance with law as expeditiously as possible, at

any rate, within a period of two months from the date

of receipt of the appeal, after affording an opportunity

of hearing to the petitioner.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

al/-

W.P.(C) No.2163/2023

APPENDIX OF WP(C) 2163/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE THANDAPER REGISTER EXTRACT ISSUED BY THE VILLAGE OFFICER, EDAVA VILLAGE DATED 06/02/2017.

Exhibit P2 TRUE COPY OF THE PROCEEDINGS AND ORDER ISSUED BY THE FOURTH RESPONDENT CANCELLING THE MUTATION BEARING NO. K3-10257/08 DATED 16/05/2008.

Exhibit P3 TRUE COPY OF THE ORDER OF DISMISSAL ISSUED BY THE FIRST RESPONDENT BEARING NO. B 18/77695/09 DATED 15/12/2010.

Exhibit P4 TRUE COPY OF THE ORDER OF JUDGEMENT AND DECREE DATED 13/06/2014 IN O.S. NO. 365/10 IN THE FILES OF THE HON'BLE MUNSIFF COURT, VARKALA.

Exhibit P5 TRUE COPY OF THE JUDGEMENT AND DECREE IN A. S. NO. 5/2015 OF THE HON'BLE SUB COURT ATTINGAL DATED 27/08/2021.

Exhibit P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE THIRD RESPONDENT DATED 11/11/2021. Exhibit P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE SECOND PETITIONER BEFORE THE SECOND RESPONDENT DATED 26/03/2022.

Exhibit P8 TRUE COPY OF THE NOTICE ISSUED BY THE SECOND RESPONDENT BEARING NO. K.1-3760/22 DATED 20/05/2022. Exhibit P9 TRUE COPY OF THE WRITTEN STATEMENT SUBMITTED BEFORE THE SECOND W.P.(C) No.2163/2023

RESPONDENT DATED 10/06/2022. Exhibit P10 TRUE COPY OF THE JUDGEMENT IN WRIT PETITION (CIVIL) NO. 16878/2022 OF THIS HON'BLE COURT DATED 23/06/2022. Exhibit P11 TRUE COPY OF THE WRITTEN STATEMENT SUBMITTED BY THE SECOND PETITIONER BEFORE THE SECOND RESPONDENT DATED 03/08/2022.

Exhibit P12 TRUE COPY OF THE PROCEEDINGS AND ORDER ISSUED BY THE SECOND RESPONDENT BEARING NO. K1-3760/22 DATED 12/10/2022.