Kerala High Court
Lissy U vs State Of Kerala on 23 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
WP(C) NO. 6666 OF 2024
PETITIONER:
LISSY U
AGED 60 YEARS
W/O. SUGUNAN, ROSH VILLA, PUTHUSSERIMUKKU P.O,
KARAVARAM VILLAGE, KALLAMBALAM, THIRUVANANTHAPURAM
DISTRICT, PIN - 695605
BY ADVS.
M.K.SUMOD
VIDYA M.K.
RAJ CAROLIN V.
THUSHARA.K
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO THE GOVERNMENT, REVENUE
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 THE TAHSILDAR - LAND RECORDS
TALUK OFFICE CHIRAYINKEEZHU, ATTINGAL P.O,
THIRUVANANTHAPURAM DISTRICT, PIN - 695101
3 THE VILLAGE OFFICER
KARAVARAM VILLAGE OFFICE, CHIRAYINKEEZHU TALUK,
KARAVARAM P.O, THIRUVANANTHAPURAM DISTRICT., PIN -
695605
OTHER PRESENT:
SRI. AJITH VISWANATHAN =GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.6666 of 2024 2
VIJU ABRAHAM,J
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W.P.(C).No.6666 of 2024
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Dated this the 23rd day of February, 2024
JUDGMENT
Petitioner has approached this Court seeking a
direction to the 2nd respondent to consider and
pass orders on Ext.P6 application for transfer of
registry of the property.
2. Petitioner submits that the property having
an extent of 16.40 Ares in Re-survey No.20/16 in
Block No.40, (old survey No.806/2) under the 3rd
respondent Village Officer is under untrammelled
possession and enjoyment of the petitioner and the
petitioner's predecessors for the last 60 years.
Tax was received in respect of the whole property
as is evident from Ext.P1, but subsequent to the
re-survey, petitioner was permitted to pay land
tax only to the extent of 3.60 Ares, as is evident
from Ext.P3. In the said circumstance, petitioner
has approached the 2nd respondent by filing Ext.P6
application. He seeks for an expeditious disposal
of the same.
3. The learned Government Pleader submits that
Ext.P6 application will be duly considered in
accordance with law without much delay and sought
for 5 months time to complete the proceedings.
4. After hearing both sides, I am inclined to
dispose of the writ petition with a direction to
the 2nd respondent to consider and pass orders on
Ext.P6 application for transfer of registry of the
property, as expeditiously as possible, at any
rate, within an outer limit of 5 months from the
date of receipt of a copy of the judgment with
notice to the petitioner and any other affected
parties.
sd/-
VIJU ABRAHAM,
JUDGE
pm
APPENDIX OF WP(C) 6666/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT
BEARING NO. KL01021000360/2023 DATED
23/01/2023 ISSUED BY THE THIRD
RESPONDENT
Exhibit P2 TRUE COPY OF THE TP EXTRACT FOR TP NO.
5334 FOR RESURVEY NO. 20/16 IN BLOCK
NO. 40 ISSUED BY THE THIRD RESPONDENT
BEARING SERIAL NO. 2023/9136/01 DATED
29/11/2023
Exhibit P3 TRUE COPY OF THE LAND TAX RECEIPT
BEARING NO. KL01021002127/2023 DATED
26/04/2023 ISSUED BY THE THIRD
RESPONDENT
Exhibit P4 TRUE COPY OF THE SURVEY SKETCH PREPARED
BY A RETIRED DEPUTY TAHSILDAR, FOR THE
PROPERTY ADMEASURING 16.40 ARES IN
UNDER THE THIRD RESPONDENT VILLAGE
Exhibit P5 TRUE COPY OF THE AFFIDAVIT SWORN BY
SHRI. AZEEZ A. S, S/O. MOHAMMED IBRAHIM
AND SHRI. BAHULEYAN RAMESAN, H/O.
SUNITHA AFFIRMED BEFORE A NOTARY DATED
02/02/2024
Exhibit P6 TRUE COPY OF THE APPLICATION SUBMITTED
BY THE PETITIONER BEFORE THE SECOND
RESPONDENT DATED 07/02/2024
