Mata Amritanandamayi Math vs The Tahsildar (Lr)
2024 Latest Caselaw 30219 Ker

Kerala High Court

Mata Amritanandamayi Math vs The Tahsildar (Lr) on 24 October, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

                                                       2024:KER:79245


            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

THURSDAY, THE 24TH DAY OF OCTOBER 2024 / 2ND KARTHIKA, 1946


                     WP(C) NO. 34180 OF 2024

PETITIONER:

            MATA AMRITANANDAMAYI MATH
            AMRITAPURI,PARAYAKADAVU, KOLLAM, REPRESENTED BY
            ITS PUBLIC RELATION OFFICER MR. BRAHMMACHARI
            PRAKASH, AGED 61 YEARS ., PIN - 690525


            BY ADV.
            RAVI KRISHNAN



RESPONDENTS:

    1       THE TAHSILDAR (LR)
            TALUK OFFICE, PAZHAVANGADY P.O,
            THIRUVANANTHAPURAM, KERALA, PIN - 695023

    2       VILLAGE OFFICER
            AYIROORPARA VILLAGE OFFICE, KATTAYIKONAM P.O.,
            THIRUVANANTHAPURAM, KERALA, PIN - 695584


            BY ADV.
            SRI. B. S. SYAMANTHAK - GOVERNMENT PLEADER



     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   24.10.2024,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                   2024:KER:79245
WP(C) NO.34180 OF 2024
                               2



                         JUDGMENT

The petitioner preferred Ext.P10 application for

mutating the land covered by Exts.P1 to P9. The grievance

of the petitioner is that respondents are not effecting

mutation of the property on the ground that excess land

proceedings under the Kerala Land Reforms Act is going to

be initiated against the petitioner.

2. I have heard Sri. Ravi Krishnan, the learned counsel

for the petitioner and Sri. B. S. Syamanthak, the learned

Government Pleader.

3. The learned Government Pleader submits that the

petitioner did not submit title deeds and encumbrance

certificate so as to process the application for mutation.

Hence, this Writ Petition is disposed of with a direction to the

petitioner to produce the title deeds, the encumbrance

certificate or any other legally required documents before

the 2nd respondent within a period of two weeks. The 2 nd

respondent shall take a decision on the application of the 2024:KER:79245 WP(C) NO.34180 OF 2024

petitioner for mutation of the land, in accordance with law,

within a period of six weeks thereafter. It is made clear that

the fact that Government is intending to initiate excess land

proceedings against the petitioner under the Kerala Land

Reforms Act is not a bar for mutating the property.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE BR 2024:KER:79245 WP(C) NO.34180 OF 2024

APPENDIX OF WP(C) 34180/2024

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE SALE DEED NO. 3737/2015 OF SUB REGISTRY OFFICE POTHENCODE DATED 27.11.2015

Exhibit P2 TRUE COPY OF THE SALE DEED NO. 4112/2015 OF SUB REGISTRY OFFICE POTHENCODE DATED 28.12.2015

Exhibit P3 TRUE COPY OF THE SALE DEED NO. 4111/2015 OF SUB REGISTRY OFFICE POTHENCODE DATED 28.12.2015

Exhibit P4 TRUE COPY OF THE SALE DEED NO. 4110/2015 OF SUB REGISTRY OFFICE POTHENCODE DATED 28.12.2015

Exhibit P5 TRUE COPY OF THE SALE DEED NO. 4106/2015 OF SUB REGISTRY OFFICE POTHENCODE DATED 28.12.2015

Exhibit P6 TRUE COPY OF THE SALE DEED NO. 4107/2015 OF SUB REGISTRY OFFICE POTHENCODE DATED 29.12.2015

Exhibit P7 TRUE COPY OF THE SALE DEED NO. 4108/2015 OF SUB REGISTRY OFFICE POTHENCODE DATED 29.12.2015

Exhibit P8 TRUE COPY OF THE SALE DEED NO. 3585/2015 OF SUB REGISTRY OFFICE POTHENCODE DATED 29.11.2016

Exhibit P9 TRUE COPY OF THE SALE DEED NO. 3739/2015 OF SUB REGISTRY OFFICE POTHENCODE DATED 19.12.2016

Exhibit P10 TRUE COPY OF THE WRITTEN REQUEST SUBMITTED BY THE PETITIONER'S TRUST TO THE 2ND RESPONDENT DATED 9.9.2024