Porinju v. Additional Tahasildar

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 11TH DAY OF MARCH 2015/20TH PHALGUNA, 1936 WP(C).No. 3615 of 2015 (B) --------------------------- PETITIONER :

----------------------- K.T. PORINJU, SON OF THOMA, KAIPPARAMBADAN VEETTIL, MOOKKANNOOR P.O, ATTARA, MOOKKANNOOR VILLAGE, ALUVA TALUK, PIN-683 577 BY ADVS.SRI.T.P.SAJAN SRI.M.MOHAMED NAVAZ SRI.P.SANTHOSH KUMAR RESPONDENT(S):

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1. ADDITIONAL TAHASILDAR, ALUVA TALUK, ALUVA, PIN-683 101.

2. HEAD SURVEYOR, TALUK OFFICE, ALUVA TALUK, ALUVA, PIN-683 101.

3. TALUK SURVEYOR, TALUK OFFICE, ALUVA TALUK, ALUVA, PIN-683 101

4. VILLAGE OFFICER, OFFICE OF THE VILLAGE OFFICER, KARUKUTTY VILLAGE, PIN-683 577 R1 TO R4 BY SR GOVERNMENT PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 3615 of 2015 (B) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 - TRUE COPY OF THE SALE DEED NO.3203/82 DATED 8-7-82 OF ANKAMALI SUB REGISTRY EXT.P2 - TRUE COPY OF THE TAX RECEIPT ISSUED BY VILLAGE OFFICE, KARUKUTTI DATED 11-5-2012 EXT.P3 - TRUE COPY OF THE GOVERNMENT ORDER NO.G.O.(MS) NO.200/10/REV. DATED 31-5-2010 EXT.P4 - TRUE COPY OF THE REMINDER TO APPLICATION VIDE REF. NO.D5 12063/2010 DATED 12-11-2014 RESPONDENT(S)' EXHIBITS:

NIL ------------------------------------------ /TRUE COPY/ P.A.TO.JUDGE sts

P.R. RAMACHANDRA MENON, J.

-------------------------------------------- W.P(C). No. 3615 of 2015 ------------------------------------------- Dated this the 11th day of March, 2015

J U D G M E N T

The petitioner has approached this Court with the following prayers:

"A.

Call for the records leading to the application vide reference no.No.D5.12063/2010 and issue a writ of mandamus or any other appropriate writ order or direction, commanding the first respondent to consider application vide reference no.No.D5 12063/2010 and correct the mistake if any committed by the Resurvey authorities and mutate the balance property having an extent of 5.36 Ares included in Resurvey No.110/10 part belonging to the petitioner as per Ext.P1 sale deed in to the name of the petitioner.

B.

Issue a writ of mandamus or any other appropriate writ order or direction, commanding the first respondent to consider and pass orders on application vide reference no.No.D5 12063/2010 and effect mutation of the property covered by Ext P1 in the name of the petitioner.

C.

To grant such other relief's as are just and proper in the nature of this case."

2.

Heard the learned Government Pleader as well. 3.

After hearing both the sides, the writ petition is

WP(c). No.3615 of 2015 disposed of, directing the 1st respondent to consider the application vide reference No.D5 12063/2010 and correct the mistake, if any, committed by the Resurvey authorities and the mutation to be effected with respect to the property having an extent of 5.36 Ares included in Resurvey No.110/10. It shall be done, at the earliest, at any rate, within 'six weeks' from the date of receipt of a copy of the judgment.

The petitioner shall produce a copy of this judgment along with a copy of this writ petition before the 1st respondent for further steps.

Sd/- P.R. RAMACHANDRA MENON, JUDGE.

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