Stephen vs The Tahasildar, Thodupuzha
2024 Latest Caselaw 13498 Ker

Kerala High Court

Stephen vs The Tahasildar, Thodupuzha on 24 May, 2024

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
            FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946
                             WP(C) NO. 18486 OF 2024
PETITIONER:

     1        STEPHEN
              AGED 63 YEARS
              S/O KORA, MUTTAM P.O., EDAPALLY,
              MUTTAM VILLAGE, THODUPUZHA TALUK,
              IDUKKI DISTRICT., PIN - 685587
              BY ADVS.
              BOBBY GEORGE
              JOY C. PAUL
              ELDHOSE JOY
              BABY SIMON
              NOBLE GEORGE

RESPONDENTS:

     1        THE TAHASILDAR, THODUPUZHA
              MINI CIVIL STATION, THODUPUZHA,
              THODUPUZHA P.O., PIN - 685584
     2        THE VILLAGE OFFICER
              MUTTAM VILLAGE OFFICE MUTTAM P O
              THODUPUZHA TALUK, IDUKKI DISTRICT, PIN - 685587
              BY ADV.SRI.AJITH VISWANATHAN, GP

     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
24.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C.) No.18486 of 2024


                                      2




                        C.JAYACHANDRAN, J.
                  ------------------------------------
                     W.P.(C.) No.18486 of 2024
                  ------------------------------------
                Dated this the 24th day of May, 2024

                               JUDGMENT

The petitioner is the owner of the subject property

under and by virtue of Ext.P1 settlement deed. His

grievance is that mutation of the same is not effected

by the 2nd respondent-Village Officer, despite request.

Encumbrance Certificate of the property has been

produced vide Ext.P3. Though an application is

preferred before the 1st respondent-Tahasildar, the same

also evoked no response. In the circumstances, the

petitioner seeks a direction to the respondents to

mutate the property in favour of the petitioner and also

permit him to pay the land tax.

2. Heard the learned counsel for the petitioner

and the learned Government Pleader on behalf of the

respondents.

3. This Court finds no tangible reason for not

allowing the mutation, as also, the acceptance of land

tax in respect of the subject property. As already

indicated, the petitioner is the owner of the property

under and by virtue of Ext.P1 settlement deed, which

comes into effect immediately after execution. In the

circumstances, there will be a direction to the

2nd respondent-Village Officer to mutate the property in

the name of the petitioner and also to accept the land

tax in respect of the same, within a period of two

months from today.

The Writ Petition is disposed of as above.

Sd/-

C. JAYACHANDRAN

JUDGE SKP/24-05

APPENDIX OF WP(C) 18486/2024

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SETTLEMENT DEED NO.606/2015 OF ARAKULAM SRO EXHIBIT P2 THE TRUE COPY OF THE PETITION DATED 22/03/2024 GIVEN TO THE FIRST RESPONDENT EXHIBIT P3 THE ENCUMBRANCE CERTIFICATE OF THE PETITIONER'S PROPERTY FOR A PERIOD FROM 1/1/2015 TO 27/03/2024, TAKEN FROM THE SUB REGISTRAR OFFICE, ARAKULAM EXHIBIT P4 THE TRUE COPY O THE APPLICATION DATED 12/4/2024 ISSUED BY THE PETITIONER TO THE SECOND RESPONDENT EXHIBIT P5 THE POSTAL RECEIPT DATED12/4/2024 ISSUED TO THE PETITIONER FROM THE POST OFFICE RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A. TO JUDGE