T.Aasaimani vs State Of Kerala
2024 Latest Caselaw 9199 Ker

Kerala High Court

T.Aasaimani vs State Of Kerala on 3 April, 2024

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                  &
           THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
    WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
                       WP(C) NO. 19239 OF 2012
PETITIONER :

          T.AASAIMANI
          S/O. DAHANAPAL, AGED 54 YEARS,
          RESIDING AT LEEMAS HOUSE, SETTLEMENT COLONY,
          MUNNAR.P.O, IDUKKI DISTRICT, PIN - 685612.
          BY ADV SRI.N.M.VARGHESE


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY,
          REVENUE (R) DEPARTMENT, SECRETRIAT,
          THIRUVANANTHAPURAM-695001
    2     THE DISTRICT COLLECTOR
          IDUKKI DISTRICT, COLLECTORATE KUYILIMALA,
          IDUKKI-685602
    3     THE TAHSILDAR
          DEVIKULAM TALUK, TALUK OFFICE,
          DEVIKULAM-685613
          BY SRI.S.RANJITH, SPL.GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)No.19239 of 2012
                                      2




                               JUDGMENT

A.Muhamed Mustaque, J.

The petitioner claims that he is the owner of 5 cents

of property comprised in Sy.No.917/1 Block No.64 of Kannan

Devan Hills Village by virtue of registered sale deed

No.2596/99. The petitioner has approached this Court to

effect mutation of the property.

2. The learned Government Pleader submits that

there is no Thandaper number in the register and no patta

has been issued. Ext.P4 patta is in some other's name and no

file is traceable in regard to the patta issued.

Having taken note of the facts and circumstances,

there shall be a direction to the District Collector to conduct

an enquiry as to the issuance of any patta for the aforesaid

land and if no patta is issued, necessary action shall be taken

to ensure that the land is restored to the State. However, the

District Collector is of the view that the patta has been issued

and the petitioner derived the title to the patta holder.

Necessarily transfer of registry shall be effected in the way of

petition. Needful shall be done within a period of three

months.

The writ petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

M.A.ABDUL HAKHIM JUDGE rkj

APPENDIX OF WP(C)19239/2012

PETITIONER EXHIBITS Exhibit P1 A PHOTOCOPY OF SALE DEED NO.2596/99 DATED 25.10.1999 EXECUTED IN FAVOUR OF THE PETITIONER AT SRO DEVIKULAM Exhibit P2 A PHOTOCOPY OF SALE DEED NO.862/90 DATED 9.4.1990 EXECUTED IN FAVOUR OF SRI.CHANDRAN Exhibit P3 A PHOTOCOPY O SALE DEED NO.838/1993 DATED 17.5.1993 EXECUTED IN FAVOUR OF SRI.MURUKAN Exhibit P4 A PHTOCOPY OF PATTA NO.3059 IN LA NO.23/70 DATED 12.6.1970 Exhibit P5 A PHOTO COPY OF REPORT NO.767/09 DATED 16.9.2009 SUBMITTED BY THE VILLAGE OFFICER BEFORE THE 3RD RESPONDENT TAHSILDAR Exhibit P6 A PHTOCOPY OF LETTER NO.B1-13615/09 DATED 9.12.2010 ISSUED BY THE 3RD RESPONDENT TAHSILDAR