Kerala High Court
K.P.Sarasamma vs State Of Kerala on 27 March, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 18308 OF 2013 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
WP(C) NO. 18308 OF 2013
PETITIONER/S:
1 K.P.SARASAMMA
W/O.LATE MADHAVAN, SANTHIMANGALAM VEEDU, PIRAPPANCODE
MURI, THIRUVANANTHAPURAM FROM EDAKKATTIL VEEDU,
PRAMADOM MURI, PRAMADOM VILLAGE, KOZHENCHERRY TALUK.
2 M.MANU MOHAN
S/O..LATE MADHAVAN, SANTHIMANGALAM VEEDU,
PIRAPPANCODE MURI, THIRUVANANTHAPURAM FROM EDAKKATTIL
VEEDU, PRAMADOM MURI, PRAMADOM VILLAGE, KOZHENCHERRY
TALUK.
3 M.PRAMOD
S/O..LATE MADHAVAN, SANTHIMANGALAM VEEDU,
PIRAPPANCODE MURI, THIRUVANANTHAPURAM FROM EDAKKATTIL
VEEDU, PRAMADOM MURI, PRAMADOM VILLAGE, KOZHENCHERRY
TALUK.
4 M.PRASANTH
S/O..LATE MADHAVAN, SANTHIMANGALAM VEEDU,
PIRAPPANCODE MURI, THIRUVANANTHAPURAM FROM EDAKKATTIL
VEEDU, PRAMADOM MURI, PRAMADOM VILLAGE, KOZHENCHERRY
TALUK.
BY ADVS.
SRI.M.NARENDRA KUMAR
SMT.LAYA SIMON
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY MINISTRY OF REVENUE, SECRETARIAT,
WP(C) NO. 18308 OF 2013 2
TRIVANDRUM, PIN-695 003.
2 DISTRICT COLLECTOR
CIVIL STATION, PATHANAMTHITTA, PIN-691 523.
3 REVENUE DIVISIONAL OFFICER
OFFICE OF THE REVENUE DIVISIONAL OFFICER, ADOOR, PIN-
691 523.
4 ADDITIONAL TAHSILDAR
TALUK OFFICE, PATHANAMTHITTA, PIN-691 523.
5 JAYAN
S/O.GOVINDAN RAGHAVAN, VATTAPPARA PUTHAN VEEDU,
ILAKOLLOOR.P.O., VETTOOR MURI, PRAMADOM VILLAGE,
PATHANAMTHITTA, PIN-691 523.
6 SMT.SANTHA
KUDAMUKKU, NO.14, LAKSHAM VEEDU, VALLICODE VILLAGE,
KAIPPATTUR MURI, PIN-689 659.
7 SMT.G.SUMATHIKUTTY
CHAMATHAYKKAL HOUSE, KEEZHIVAIPUR MURI, KEEZHIVAIPUR
VILLAGE, PIN-689 587.
OTHER PRESENT:
SRI.B.S.SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18308 OF 2013 3
P.V.KUNHIKRISHNAN, J
---------------------------------------
W.P.(C.) No. 18308 of 2013
--------------------------------------
Dated this the 27th day of March, 2024
JUDGMENT
The above writ petition is filed with following prayers :
(a) "Issue a writ of certiorari or other appropriate writ,
order or direction calling for the records leading to Exhibits -
P4, P5 and P6 and quash the same.
(b) Issue a writ of mandamus or other writ, order or
direction commanding the respondents 1 to 4 to effect
mutation in respect of the property covered by Exhibit P1 in
the name of the petitioners.
(c) Grant such other reliefs that this Hon'ble Court may
deem fit and proper in the circumstances of the case."[sic]
2. The petitioners are challenging Exts.P4, P5 and P6
orders passed by respondent Nos. 2 to 4 rejecting the
application to effect mutation in the name of the petitioners in
respect of 5 cents of land comprised in Sy.Nos. 465/7A1-A,
465/2-A2 and 17.6 cents in sy.No. 465/7A/2 of Pramadom
Village, Kozhencherry Taluk, Pathanamthitta District. According
to the petitioners, the title and possession of the above
properties were settled in OS No. 180/1995 by the Munsiff
Court, Pathanamthitta which was confirmed in AS No. 31/2001
by the District Court, Pathanamthitta. The said decisions
became final. It is also the case of the petitioners that the
properties have been properly identified in the said cases on the
basis of the report and plan submitted by the Advocate
Commissioner with the assistance of the surveyor. Therefore,
there cannot be any dispute with regard to the identity of the
properties is the submission. The petitioners submitted
application for mutation as per the Transfer of Registry Rules,
that was rejected as per Exts.P4 to P6. A perusal of Exts.P4 to
P6 would indicate that the remedy of the petitioners is to
approach the execution court to execute the decree. According
to the petitioners, there is nothing to execute in Exts.P2 and P3
judgment / decree. Hence, this writ petition.
3. Heard the learned counsel for the petitioners and the
learned Government Pleader.
4. This Court perused Exts.P4 to P6 and also the
judgment and decree in Exts.P2 and P3. There is nothing to
execute in Exts.P2 and P3 judgments. In Ext.P2, the civil court
decreed the suit declaring the title and possession of the
plaintiff in that suit over the plaint schedule properties and
restraining the defendant from trespassing upon the plaint
schedule properties, cutting and removing any trees therefrom
and also from committing any act of waste. Ext.P3 is the
judgment of the appellate court by which the judgment/decree
passed by the trial court is confirmed. There is no question of
executing Exts.P2 and P3 judgment/decree. That is a suit
declaring the title and possession of the plaintiff. In such
circumstances, such a finding in Exts.P4 to P6 are unsustainable.
Therefore, I am of the considered opinion that the authority
concerned should reconsider the matter. Therefore, Exts.P4 to P6
can be set aside and the District Collector can be directed to
reconsider the matter after giving an opportunity of hearing to the
petitioners.
Therefore, this writ petition is disposed of with the
following directions :
1) Exts.P4 to P6 are quashed.
2) The 2nd respondent is directed to reconsider the matter
after giving an opportunity of hearing to the petitioners as
expeditiously as possible, at any rate, within four months
from the date of receipt of a certified copy of this
judgment.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 18308/2013
PETITIONER EXHIBITS
P1- TRUE COPY OF THE DECREE IN
O.S.NO.180/95 PASSED BY THE MUNSIFF,
PATHANAMTHITTA DATED 9.11.2000.
P2- TRUE COPY OF THE JUDGMENT DATED
09.11.2000 IN O.S.NO.180/95 PASSED BY THE
PATHANAMTHITTA MUNSIFF COURT.
P3- TRUE COPY OF THE JUDGMENT DATED
20.08.2007 IN A.S.NO.31 OF 2001 PASSED BY
THE ADDITIONAL DISTRICT JUDGE,
PATHANAMTHITTA.
P4- TRUE COPY OF THE PROCEEDINGS NO.C 3 -
30331/12/KDS DATED 27.03.2013 OF THE 2ND
RESPONDENT.
P5- TRUE COPY OF THE ORDER DATED 09.10.2012
OF THE 3RD RESPONDENT.
P6- TRUE COPY OF THE ORDER DATED 06.10.2012
OF THE 4TH RESPONDENT.
