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High Court of KeralaWP(C)/4305/2015disposed of

Sankaranarayanan.M.V v. The District Collector, Thrissur

2015-02-11Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 11TH DAY OF FEBRUARY 2015/22ND MAGHA, 1936 WP(C).No. 4305 of 2015 (K) --------------------------------------- PETITIONER(S):

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1. SANKARANARAYANAN.M.V, AGED 71 YEARS, S/O.MELETE VELAPPAN, 'SAI GEETHA', SOCIETY ROAD, ANCHERY P.O, THRISSUR - 680 006.

2. PADMAVATHY M.V, D/O.MELETE VELAPPAN, 'SAI GEETHA', SOCIETY ROAD, ANCHERY P.O, THRISSUR - 680 006.

3. RAMACHANDRAN M.V, S/O.MELETE VELAPPAN, 'SAI GEETHA', SOCIETY ROAD, ANCHERY P.O, THRISSUR - 680 006.

BY ADV. SRI.C.CHANDRASEKHARAN RESPONDENT(S) :

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1. THE DISTRICT COLLECTOR, THRISSUR, PIN - 680 003.

2. THE REVENUE DIVISIONAL OFFICER, THRISSUR - 680 003.

3. THE VILLAGE OFFICER, PANANCHERRY VILLAGE, THRISSUR- 680 008.

BY SR. GOVERNMENT PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 4305 of 2015 (K) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:

TRUE COPY OF THE DOCUMENT NO. 155/1977 DATED 24.01.1977 OF THE OLLUKKARA SUB REGISTRY EXECUTED IN FAVOUR OF SMT.DEVAKY BY DEVASSY.

P2:

TRUE COPY OF THE RECEIPT NO. 5161124 DATED 25.01.2011 ISSUED FROM VILLAGE OFFICER, PANANCHERY TO DEVAKY FOR PAYMENT OF REVENUE TAX FOR THE YEAR 2011.

P3:

TRUE COPY OF THE DEATH CERTIFICATE DATED 27.02.2012 ISSUED BY THE REGISTRAR OF BIRTH AND DEATH CORPORATION OF THRISSUR. P4:

TRUE COPY OF THE REGISTERED WILL DATED 19.07.2011 EXECUTED BY DEVAKY IN FAVOUR OF THE PETITIONERS.

P5:

TRUE COPY OF THE APPLICATION DATED 05.02.2013 SUBMITTED BY THE PETITIONERS BEFORE THE VILLAGE OFFICER, PANANCHERRY FOR GETTING A SKETCH FOR THE PROPERTY.

P6:

TRUE COPY OF THE SKETCH ISSUED BY THE VILLAGE OFFICER DATED 05.03.2013 TO THE PETITIONERS.

P7:

TRUE COPY OF THE RECEIPTS NO.6913613 DATED 18.03.2013 ISSUED BY THE VILLAGE FOR PAYMENT OF FEES OF RS. 50-/- FOR EFFECTING MUTATION OF THE PROPERTY.

P8:

TRUE COPY OF THE LETTER DATED 26.06.2014 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT UNDER THE RIGHT TO INFORMATION ACT.

P9:

TRUE COPY OF THE RECEIPT NO. 9468/14/31 DATED 24.06.2014 ISSUED BY THE 1ST RESPONDENT FOR RECEIPT OF EXT-P8.

P10:

TRUE COPY OF THE LETTER DATED 13.08.2014 SUBMITTED BY THE 1ST PETITIONER BEFORE THE DISTRICT COLLECTOR, THRISSUR. RESPONDENT(S)' EXHIBITS ----------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

P.R. RAMACHANDRA MENON, J.

----------------------------------- W.P(C). No. 4305 of 2015 ------------------------------------------- Dated this the 11th day of February, 2015

J U D G M E N T

The petitioners have approached this Court with the following prayers :

"i) To issue a writ of mandamus or any other appropriate writ, order or direction, directing the 3rd respondent to effect mutation of Ext-P1 property in favour of the petitioners basing on Ext-P4 will.

ii) To issue a writ of mandamus or any other appropriate writ order or direction directing the respondents 1 and 2 to issue necessary directions to respondent No.3 for effecting mutation of the property in favour of the petitioners." 2.

Petitioners have applied for mutation of the property belonging to them as per Ext.P10, which is pending consideration before the 1st respondent. The petitioners will be satisfied if a direction is given to the 1st respondent having considered and finalised Ext.P10 within a reasonable time.

3.

Heard the learned Government Pleader as well. 4.

After hearing both sides, this writ petition is disposed of, directing the 1st respondent to consider and pass appropriate orders on Ext.P10, in accordance with law, after affording an

WP(c). No.4305 of 2015 opportunity of hearing to the petitioners. It shall be done, as expeditiously as possible, and at any rate, within a period of 'two months' from the date of receipt of a copy of this judgment. The petitioners 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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