High Court of KeralaWP(C)/555/2015disposed of

Kurian Pappachan v. State Of Kerala

2015-01-27Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 27TH DAY OF JANUARY 2015/7TH MAGHA, 1936 WP(C).No. 555 of 2015 (T) -------------------------- PETITIONER :

------------------ KURIAN PAPPACHAN, AGED 67 YEARS, NJALIYATH HOUSE, THABOR P.O., MOOKKANUR ERNAKULAM DISTRICT.

BY ADV. SRI.SUNIL KUMAR A.G RESPONDENTS :

-----------------------

1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

2. THE TAHSILDAR ALUVA TALUK, ERNAKULAM-683 101.

3. THE ADDITIONAL TAHSILDAR, ALUVA TALUK, ERNAKULAM-683 101.

4. THE VILLAGE OFFICER, MOOKKANUR VILLAGE, KOCHI-20.

BY GOVERNMENT PLEADER SRI. JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 555 of 2015 (T) -------------------------- APPENDIX PETITIONER(S)' EXHIBITS :

------------------------------------- EXT.P1:

TRUE COPY OF THE BASIC TAX RECEIPT DATED 29/10/2013. EXT.P2:

TRUE COPY OF THE SURVEY MAP.

EXT.P3:

TRUE COPY OF THE REPLY DATED NIL.

RESPONDENT(S)' EXHIBITS :

NIL.

--------------------------------------- //TRUE COPY// P.A. TO JUDGE bp

P.R. RAMACHANDRA MENON, J.

======================== W.P.(C). No. 555 of 2015 -------------------------------------------- Dated this the 27 th day of January, 2015

JUDGMENT

The grievance of the petitioner is in respect of the refusal or callous inaction on the part of the concerned respondent in effecting mutation in terms of the relevant provisions of the Transfer of Registry Rules. It is stated that the petitioner is the owner of nearly 36 Ares of land comprised in Sy.No.241/1 of Mookkanur Village, in Aluva Taluk, Ernakulam District. The petitioner was enjoying the said property, also remitting Basic Tax from 1970 onwards. Ext.P2 is the survey map showing the lie and location of the property.

2. Heard the learned Government Pleader as well.

3. It appears from the materials on records that the petitioner had approached the concerned respondent by filing necessary application. However, a notice dated 25.09.2014 was rd respondent in response to which the petitioner issued by the 3 submitted Ext.P3 reply/objections. The matter requires to be considered and finalized by the said respondent.

W.P.C. No. 555 of 2015 -24. In the above circumstances, there will be a direction to rd respondent to consider Ext.P3 preferred in response to the 3 notice dated 25.9.2014 and pass appropriate order in accordance with law, after affording an opportunity of hearing to the petitioner at the earliest, at any rate, within 'two months' from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the concerned respondent for further steps. The writ petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE.

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