High Court of KeralaWP(C)/14370/2015disposed of

Joy Sebstian v. Tahsildar

2015-05-12Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 12TH DAY OF MAY 2015/22ND VAISAKHA, 1937 WP(C).No. 14370 of 2015 (U) ---------------------------- PETITIONER:

-------------------- JOY SEBASTIAN, CHALAKKAL HOUSE, PUTHRKARA, AYYANTHOLE P.O., THRISSUR-3.

BY ADV. SRI.K.B.GANGESH RESPONDENT(S):

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

1. TAHSILDAR, TALUK OFFICE, COLLECTORATE, THRISSUR-680 003.

2. THE VILLAGE OFFICER, VILLAGE OFFICE, AVANNUR, THRISSUR-680 002.

BY SENIOR GOVT. PLEADER SRI.A.MOHAMMED SAVAD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

WP(C).No. 14370 of 2015 (U) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- P1.

TRUE COPY OF DOCUMENT NO.4649/2013 DATED 24/12/2013 OF MUNDUR SUB REGISTRAR OFFICE.

P2.

TRUE COPY OF LAND TAX RECEIPT ISSUED BY THE 2ND RESPONDENT ON 8/10/2014 IN RESPECT OF 42.48 ARES IN RE.SY.NO.5/2 OF AVANNUR VILLAGE.

P3.

TRUE COPY OF APPLICATION DATED 30/1/2015 SUBMITTED BY THE PETITIONER AND HIS PREDECESSOR IN TITLE BEFORE THE 2ND RESPONDENT.

P4.

TRUE COPY OF THE ORDER DATED 19/1/2015 WITH COVERING LETTER DATED 10/2/2015.

P5.

TRUE COPY OF THE APPEAL DATED 11/4/2015 PREFERRED BY THE PETITIONER ALONG WITH THE APPLICATION FOR CONDONATION OF DEALY. P6.

TRUE COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT ON 6/5/2015 ACKNOWLEDGING RECEIPT OF EXT.P5 APPEAL.

RESPONDENT(S)' EXHIBITS:

- NIL --------------------------------------- /TRUE COPY/ P.S. TO JUDGE mbr/

A.MUHAMED MUSTAQUE, J.

========================= W.P(C).No.14370 of 2015 ============================ Dated this the 12th day of May, 2015

JUDGMENT

Petitioner is the owner of 59.51 Ares of property in Re.Sy.No.5/2 of Avannur Village covered by Ext.P1. Out of the aforesaid extent of property, 2nd respondent effected mutation in favour of the petitioner only in respect of 42.48 Ares of property. Ext.P4 is the order passed by the 2nd respondent declining mutation in respect of 17.03 Ares covered by Ext.P1. Petitioner preferred Ext.P5 appeal under Rule 18 of the Transfer of Registry Rules, 1966 before the first respondent to effect mutation of 17.03 Ares of property in his favour. The only prayer before this Court is for an early disposal of Ext.P5 appeal. 2.

In that view of the matter, there shall be a direction to the first respondent to consider and pass appropriate orders on Ext.P5 appeal after giving notice to the petitioner within a period of two months from the date of receipt of a copy of this judgment. The Writ Petition is disposed of. No costs.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.

Sbna/13/05/15