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High Court of KeralaWP(C)/8344/2015disposed of

Georgy @ Jose George v. State Of Kerala

2015-03-17Honourable 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 17TH DAY OF MARCH 2015/26TH PHALGUNA, 1936 WP(C).No. 8344 of 2015 (P) ----------------------------------------- PETITIONER(S) :

------------------------ GEORGY @ JOSE GEORGE, AGED 32 YEARS, S/O.JOSEPH DEVASSYA, KALLUKULATHI HOUSE, VAZHAPPALLY P.O., VAZHAPPALLY EAST VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT.

BY ADV. SRI.VARGHESE C.KURIAKOSE RESPONDENT(S) :

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

1. STATE OF KERALA, REP. BY ITS SECRETARY, DEPT. OF REVENUE, SECRETARIAT, TRIVANDRUM- 695 001.

2. THE DISTRICT COLLECTOR, KOTTAYAM DISTRICT, CIVIL STATION, KOTTAYAM- 686 002.

3. THE REVENUE DIVISIONAL OFFICER, KOTTAYAM, MINI CIVIL STATION, KOTTAYAM- 686 002.

4. THE TAHSILDAR, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT- 686 001.

5. THE VILLAGE OFFICER, VAZHAPPALLY EAST VILLAGE, VAZHAPPALLY P.O., CHANGANACHERRY TALUK, KOTTAYAM DISTRICT- 686 103. BY GOVERNMENT PLEADER SRI.K.C.VINCENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 8344 of 2015 (P) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:

TRUE PHOTOCOPY OF THE CERTIFICATE REGISTERED WITH SUB REGISTRY, CHANGANACHERRY AS DOCUMENT NO. 1817/2004.

P2:

TRUE PHOTOCOPY OF THE WILL DEED NO. 86/III/08 OF SRO, CHANGANACHERRY, DATED 15.07.2008.

P3:

TRUE PHOTOCOPY OF THE DEATH CERTIFICATE OF MARYKUTTY ISSUED BY KURICHI GRAMA PANCHAYAT.

P4:

TRUE PHOTOCOPY OF THE APPLICATION IN FORM NO.1(A) SUBMITTED APPLICATION BEFORE THE 4TH RESPONDENT.

P5:

TRUE PHOTOCOPY OF THE COVERING LETTER SUBMITTED TO THE 2ND RESPONDENT ALONG WITH COPY OF EXT. P4. P6:

TRUE PHOTOCOPY OF THE COVERING LETTER SUBMITTED TO THE 3RD RESPONDENT ALONG WITH COY OF EXT.P4.

P7:

TRUE PHOTOCOPY OF THE REGISTRATION SLIP OF HAVING SENT THE APPLICATIONS TO RESPONDENTS NO.2,3 AND 4. RESPONDENT(S)' EXHIBITS ----------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

P.R. RAMACHANDRA MENON, J.

======================== W.P.(C). No. 8344 of 2015 -------------------------------------------- Dated this the 17th day of March, 2015

JUDGMENT

The petitioner has approached this Court with the following prayers:

"i. Issue writ, order or direction in the nature of Mandamus or other appropriate writ directing the respondent 2, 3, 4 and 5 or the concerned among them to forthwith take up Ext.P4 conduct enquiry and pass orders upon the same ordering change of mutation at the earliest as contemplated under the Transfer of Registry Rules.

ii. Allow the petitioner to recover the full costs incurred for this proceeding from respondents 2 to 5." The learned counsel for the petitioner submits that the grievance of the petitioner has also been projected by way of Ext.P4 application in form No.1(A) before the 4th respondent and the prayer is only to cause the same to be considered and disposed of within a reasonable time.

2. Heard the learned Government Pleader as well.

3. Considering the limited nature of relief sought for, this Court does not find it necessary to go into the merits of the case.

W.P.C. No. 8344 of 2015 -2The writ petition is disposed of, directing the 4th respondent to consider and pass appropriate orders on Ext.P4 in accordance with law after giving an opportunity of hearing to the petitioner and other interested parties, if any, 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 4th respondent for further steps.

P.R. RAMACHANDRA MENON, JUDGE.

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