Suresh.E vs The District Collector, Malappuram ...
2024 Latest Caselaw 18997 Ker

Kerala High Court

Suresh.E vs The District Collector, Malappuram ... on 28 June, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
                   WP(C) NO. 20589 OF 2018
PETITIONER:

         SURESH.E.
         IRIKKODAN CHATHAN,
         AGED 37 YEARS, IRIKKODAN HOUSE, NEDIYIRIPPU AMSOM,
         CHIRAYIL DESOM,CHRAYIL P.O., KONDOTTY TALUK,
         MALAPPURAM DISTRICT.
         BY ADV SRI.K.RAKESH


RESPONDENTS:

    1     THE DISTRICT COLLECTOR, MALAPPURAM DISTRICT
          MALAPPURAM, MALAPPURAM DISTRICT, PIN-676 505.
    2     THE TAHSILDAR LR KONDOTTY TALUK
          MALAPPURAM DISTRCT, PIN-673 638.
    3     THE VILLAGE OFFICER NEDIYIRIPPU KONDOTTY TALUK
          MALAPPURAM DISTRICT, PIN-673 638.
OTHER PRESENT:

         SRI.RIYAL DEVASSY, GP


THIS WRIT PETITION (CIVIL) HAVING BEEN HEARD ON 28.06.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20589 OF 2018

                                        2



                  P.V. KUNHIKRISHNAN, J.
           -----------------------------------
                W.P.(C).No.20589 of 2018
           -----------------------------------

          Dated this the 28th day of June, 2024

                                    JUDGMENT

The above Writ Petition is filed with following

prayers:

(i) " Call for records leading up to Ext.P3 and set aside the same by the issuance of a writ of certiorari or any other appropriate writs, orders or directions;

ii) Issue a writ of mandamus or any other appropriate writs, orders of directions commanding the respondents to effect mutation of property comprised in R.S.No.278 (Old Survey No.561/2) of Block 36 of Nediyirippu Village in the name of the petitioner relying Exhibit P1;

(iii) Declare that there is no legal impediment in transferring the property comprised in R.S.No.278 (Old Survey No.561/2) of Block 36 of WP(C) NO. 20589 OF 2018

Nediyirippu Village to the petitioner after a period of 10 years as stipulated in Ext.P3;

iv) Grant such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case."

[SIC]

2. The main challenge in this case is Ext.P4

(it is wrongly mentioned as Ext.P3 in the prayer

portion). Today, when the matter came up for

consideration, the Government Pleader submitted that

the mutation is effected in the name of the

petitioner on 06.09.2018 as per the instruction

received from the Tahsildar dated 02.11.2018. If

that is the case, nothing survives in this case.

Recording the above submission, this Writ

Petition is closed.

Sd/-

P.V. KUNHIKRISHNAN JUDGE

SSG WP(C) NO. 20589 OF 2018

APPENDIX OF WP(C) 20589/2018

PETITIONER'S EXHIBITS EXHIBIT.P1 TRUE COPY OF THE ASSIGNMENT DEED DATED 14.7.2016 IN FAVOUR OF THE PETITIONER EXECUTED BY ONE KANAKA.

EXHIBIT.P2 TRUE COPY OF THE ASSIGNMENT DEED DATED 5.5.2008 EXECUTED BY PERAVANKUTTY & OTHERS IN FAVOUR OF THE PETITIONER'S PREDECESSOR.

EXHIBIT.P3 TRUE COPY OF THE PATTAYAM ISSUED BY THE TAHASILDAR, ERNAD IN THE YEAR 1997 AS NO.B1-5619/76.

EXHIBI.P4 TRUE COPY OF THE COMMUNICATION ISSUED TO THE PETITIONER BY THE TAHSILDAR (LR), KONDOTTY TALUK DATED 10.7.2017.