Kerala High Court
Augustine Paranikulangara vs State Of Kerala on 10 July, 2025
W.P.(C) No.23891 of 2025
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2025:KER:50748
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
THURSDAY, THE 10TH DAY OF JULY 2025 / 19TH ASHADHA, 1947
WP(C) NO. 23891 OF 2025
PETITIONER:
1 AUGUSTINE PARANIKULANGARA
AGED 72 YEARS
S/O. OUSEPH, RESIDING AT NEPTUNE CENTURY NO.14,
PANDARACHIRA ROAD, KADAVANTHRA, KOCHI,
REPRESENTED BY HIS POWER OF ATTORNEY,
MR. JOSEPH P.V, AGED 70 YEARS, S/O. VARKEY,
RESIDING AT PARANIKULANGARA HOUSE, PARAKKADAVU P.O,
KURAMASSERY, ALUVA, ERNAKULAM, PIN - 683659
2 CELINE PARANIKULANGARA
AGED 70 YEARS
W/O. AUGUSTINE, RESIDING AT NEPTUNE CENTURY NO.14,
PANDARACHIRA ROAD, KADAVANTHRA, KOCHI,
REPRESENTED BY HER POWER OF ATTORNEY,
MR.JOSEPH P.V, AGED 70 YEARS, S/O. VARKEY,
RESIDING AT PARANIKULANGARA HOUSE, PARAKKADAVU P.O,
KURAMASSERY, ALUVA, ERNAKULAM, PIN - 683659.
BY ADVS.
SMT.KARTHIKA MARIA
SRI.ARUN THOMAS
SRI.ANIL SEBASTIAN PULICKEL
SMT.VEENA RAVEENDRAN
SMT.LEAH RACHEL NINAN
SRI.KURIAN ANTONY MATHEW
SRI.SHINTO MATHEW ABRAHAM
SRI.MATHEW NEVIN THOMAS
SRI.KUNCHACKO PRADEEP
SMT.ANJALY ELIAS
SMT.AMBIKA SANKAR
SMT.NAVYA SEBY
W.P.(C) No.23891 of 2025
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RESPONDENTS:
1 STATE OF KERALA
REVENUE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM,
REPRESENTED BY SECRETARY TO GOVERNMENT,
PIN - 695001.
2 THE DISTRICT COLLECTOR
DISTRICT COLLECTORATE, FIRST FLOOR, CIVIL STATION,
KAKKANAD, ERNAKULAM, PIN - 682030.
3 THE VILLAGE OFFICER
VILLAGE OFFICE PARAKKADAVU,
POOVATHUSSSERY - MELADOOR RD, PARAKKADAVU,
KURUMASERI, KERALA, PIN - 683579.
4 THE THAHSILDAR (LAND REVENUE)
ALUVA TALUK OFFICE, FIRST FLOOR,
MINI CIVIL STATION, CIVIL STATION RD,
PERIYAR NAGAR, ALUVA, KERALA, PIN - 683101
5 TALUK SURVEYOR
TALUK SURVEY WING, ALUVA TALUK OFFICE,
GROUND FLOOR, MINI CIVIL STATION, CIVIL STATION RD,
PERIYAR NAGAR, ALUVA, KERALA, PIN - 683101.
BY ADV.SRI. AJITH VISWANATHAN, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 10.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.23891 of 2025
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JUDGMENT
Petitioners claim title to 21.07 ares of land by virtue of
Ext.P1 sale deed. After re-survey, only 16.63 ares was found
to be in the possession of the petitioners. The petitioners,
by mistake or otherwise, filed Ext.P4 application for mutation
of the said 16.63 ares in their favour. The same was
recommended by the Village Officer concerned and forwarded to
the Tahsildar. The matter was forwarded to the Taluk Surveyor
for measurement, presumably for the reason that the
petitioners had also filed an application for measurement vide
Ext.P5. In the measurement conducted by the Taluk Surveyor,
the extent found to be in the possession of petitioners is
19.77 ares. The petitioners now seek mutation to be effected
in respect of the said 19.77 ares.
2. Learned Government Pleader would oppose the prayers in
the Writ Petition by stating that the application preferred by
the petitioners vide Ext.P4 refers only to 16.63 ares.
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3. This Court is of the opinion that the said objection need
not stand in the way of reliefs sought for by the petitioners.
It is noticed that the very machinery of the respondent
departments found possession of 19.77 ares with the
petitioners in the measurement conducted by the Taluk
Surveyor. If that be so, this Court finds no reason as to why
mutation shall not be permitted in respect of the said extent.
4. In the light of the objection raised by the learned
Government Pleader, the petitioners will be at liberty to file
a fresh application seeking mutation in respect of 19.77 ares,
which shall be considered by the 4 th respondent, Tahsildar in
the light of Ext.P7 measurement made by the 5 th respondent
Taluk Surveyor, expeditiously, at any rate, within a period of
two months, from the date of receipt of a copy of the above
said application for mutation. Petitioners will produce a copy
of this judgment before the 4th respondent, for compliance.
This Writ Petition is disposed of as above.
Sd/-
C.JAYACHANDRAN, JUDGE
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APPENDIX OF WP(C) 23891/2025
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE SALE DEED NO. 243 OF
1990 OF CHENGAMANAD SRO DATED 25.01.1990.
EXHIBIT P2 TRUE COPY OF THE POSSESSION CERTIFICATE
OF THE PETITIONERS DATED 24.01.2020.
EXHIBIT P3 TRUE COPY OF THE TAX RECEIPT BEARING NO.
KL07040200301/2020 DATED 16.01.2020.
EXHIBIT P4 TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONERS' FOR MUTATION BEFORE THE
4TH RESPONDENT DATED 16.01.2020.
EXHIBIT P5 TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONERS' FOR MEASURING THE
SUBJECT PROPERTY BEFORE THE 4TH
RESPONDENT DATED 18.01.2020.
EXHIBIT P6 TRUE COPY OF THE REPORT ISSUED BY THE 3RD
RESPONDENT TO THE 4TH RESPONDENT DATED
21.01.2020.
EXHIBIT P7 A TRUE COPY OF THE STATEMENT ISSUED BY
THE 5TH RESPONDENT DATED 22.07.2022.
EXHIBIT P8 TRUE COPY OF THE LETTER ISSUED BY THE 2ND
RESPONDENT TO THE 4TH RESPONDENT DATED
24.07.2023.
