Kerala High Court
Hassan Jeslin Backer A.M vs State Of Kerala on 31 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
WP(C) NO. 19627 OF 2024
PETITIONER:
1 RAKESH UNNIKRISHNAN,
AGED 43 YEARS
S/O UNNIKRISHNAN, B-13 KAUSTHUBHAM,
CHEVAYUR, KOZHIKODE, PIN - 673017
BY ADVS.
K.R.PRATHISH
P.K.SREEVALSAKRISHNAN
S.UNNIKRISHNAN (NELLAD)
KRISHNA DAS
JOEL CHALAMANA
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE TAHSILDAR ,
VYTHIRI TALUK OFFICE, VYTHIRI, KUNNATHIDAVAKA,
WAYANAD DISTRICT, PIN - 673576
3 VILLAGE OFFICER,
VELLARIMALA VILLAGE OFFICE, CHOORALMALA, VELLARIMALA,
WAYANAD DISTRICT, PIN - 673577
BY ADV.SRI.AJITH VISWANATHAN,GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2024, ALONG WITH WP(C).19650/2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C.) Nos.19627 & 19650 of 2024
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
WP(C) NO. 19650 OF 2024
PETITIONER:
1 HASSAN JESLIN BACKER A.M
AGED 41 YEARS
S/O A.M ABDUL JABBAR, B-51 VRINDAVAN COLONY, CHEVAYUR,
KOZHIKODE, PIN - 673017
BY ADVS.
K.R.PRATHISH
P.K.SREEVALSAKRISHNAN
S.UNNIKRISHNAN (NELLAD)
JOEL CHALAMANA
KRISHNA DAS
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE TAHSILDAR
VYTHIRI TALUK OFFICE, VYTHIRI, KUNNATHIDAVAKA, WAYANAD
DISTRICT, PIN - 673576
3 VILLAGE OFFICER
VELLARIMALA VILLAGE OFFICE, CHOORALMALA, VELLARIMALA,
WAYANAD DISTRICT, PIN - 673577
BY ADV.SRI.AJITH VISWANATHAN,GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2024, ALONG WITH WP(C).19627/2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C.) Nos.19627 & 19650 of 2024
3
C. JAYACHANDRAN, J.
-----------------------------------------------
W.P.(C.) Nos.19627 & 19650 of 2024
-----------------------------------------------
Dated this the 31st day of May, 2024
COMMON JUDGMENT
The grievance espoused in these Writ Petitions is
the refusal on the part of the Village Officer concerned
to effect mutation of the petitioners' property, based on
his title deeds. Although no reply refusing mutation has
been issued, the petitioners assert that they were told
by the Village Officer concerned that the mutation
cannot be effected for the reason that the property was
originally held by Harrison Malayalam Limited, which
properties are subject matter of several litigations.
2. Heard the learned counsel for the petitioners,
learned Government Pleader on behalf of the
respondents.
3. Learned counsel for the petitioners would
submit that the property was mutated in the name of
W.P.(C.) Nos.19627 & 19650 of 2024
the petitioners' predecessors and there is no reason
why the same is denied to the petitioners, based on
their title deeds. The petitioners would also rely on an
unreported judgment of this Court in Wilson v. State of
Kerala [W.P.(C.) No.39765 of 2023] - produced as
Ext.P7 - rendered on similar facts, wherein it was
directed to effect mutation, however subject to the right
of the State Government to institute appropriate civil
proceedings asserting the title, if any, in the property.
According to the learned counsel, a similar course has
to be followed.
4. In the circumstances, this Court is of the
opinion that a direction can be issued to the third
respondent Village Officer to effect mutation of the
subject property in favour the respective petitioners on
the basis of their title deeds, within a period of one
month from the date of receipt of a copy of this
judgment. It is made clear that acceptance of land tax
will be without prejudice to the right of the
W.P.(C.) Nos.19627 & 19650 of 2024
State/respondents to assert their title, if any, over the
property by instituting appropriate civil proceedings.
The Writ Petitions are disposed of as above.
Sd/-
C. JAYACHANDRAN
JUDGE
SKP/31-05
W.P.(C.) Nos.19627 & 19650 of 2024
APPENDIX OF WP(C) 19650/2024
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SALE DEED DATED 22.07.2023
BEARING NO. 2680/2023 OF KALPETTA SUB REGISTRY
OFFICE
EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT DATED 08.04.2023
ISSUED BY THE VILLAGE OFFICER IN THE NAME OF
THE PETITIONER'S PREDECESSOR SHERIEF T.K
EXHIBIT P3 TRUE COPY OF THE APPLICATION SUBMITTED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT DATED
20.05.2024
EXHIBIT P4 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT ISSUED
BY THE 3RD RESPONDENT OFFICE DATED 20.05.2024
EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 12.12.2023 IN
W.P(C) NO. 39765 OF 2023 OF THIS HON'BLE COURT
RESPONDENTS' EXHIBITS:NIL
W.P.(C.) Nos.19627 & 19650 of 2024
APPENDIX OF WP(C) 19627/2024
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SALE DEED DATED 22.07.2023
BEARING NO. 2681/2023 OF KALPETTA SUB REGISTRY
OFFICE
EXHIBIT P2 TRUE COPY OF THE SALE DEED DATED 24.07.2023
BEARING NO. 2700/2023 OF KALPETTA SUB REGISTRY
OFFICE
EXHIBIT P3 TRUE COPY OF THE TAX RECEIPT DATED 08.04.2023
ISSUED BY THE VILLAGE OFFICER IN THE NAME OF
THE PETITIONER'S PREDECESSOR SHERIEF T.K
EXHIBIT P4 TRUE COPY OF THE TAX RECEIPT DATED 26.04.2023
ISSUED BY THE VILLAGE OFFICER IN THE NAME OF
THE PETITIONER'S PREDECESSOR NIKHIL P
EXHIBIT P5 TRUE COPY OF THE APPLICATION SUBMITTED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT DATED
20.05.2024
EXHIBIT P6 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT ISSUED
BY THE 3RD RESPONDENT OFFICE DATED 20.05.2024
EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 12.12.2023 IN
W.P(C) NO. 39765 OF 2023 OF THIS HON'BLE COURT
RESPONDENTS' EXHIBITS:NIL
TRUE COPY
P.A. TO JUDGE
