Naseema v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 23RD DAY OF SEPTEMBER 2015/1ST ASWINA, 1937 WP(C).No. 15660 of 2015 (F) ------------------------------------------- PETITIONER(S) :

-------------------------- NASEEMA, AGED 43 YEARS, W/O.PAREEDKUNHU, KUMMANAM P.O, CHENGALAM SOUTH VILLAGE, KOTTAYAM TALUK, KOTTAYAM.

BY ADVS.SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S) :

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

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

2. DISTRICT COLLECTOR, KOTTAYAM DISTRICT, CIVIL STATION, PO, KOTTAYAM, PIN- 686 002.

3. ADDITIONAL TAHSILDAR, KOTTAYAMTALUK, THIRUNAKKARA, KOTTAYAM HPO, KOTTAYAM DISTRICT, PIN- 686 001.

4. VILLAGE OFFICER, CHENGALAM VILLAGE, CHENGALAM P.O, KOTTAYAM DISTRICT, PIN- 686 001.

5. TALHATH, S/O. SAHULHAMMED, KUMMANAMKARAYIL, KUMMANAM P.O., AYYAN KOIKKALA.M., KOTTAYAM- 686 002.

R1 TO R4 BY GOVERNMENT PLEADER SRI.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 15660 of 2015 (F) ------------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS :

---------------------------------------- EXHIBIT P1:

THE TRUE COPY OF THE PATTA ISSUED DATED 18/11/1988. EXHIBIT P2:

THE TRUE COPY OF THE SALE DEED DATED 30/01/2013. EXHIBIT P3:

THE TRUE COPY OF THE RECEIPT OF BASIC TAX DATED 31/07/2013.

EXHIBIT P4:

THE TRUE COPY OF THE CERTIFICATE OF ENCUMBRANCE. EXHIBIT P5:

TRUE COPY OF THE SALE DEED DATED 07/09/2013 EXECUTED BY THE 5TH RESPONDENT IN FAVOR OF THE PETITIONER. EXHIBIT P6: THE TRUE COPY OF THE GO(MS) 355/97/RD DATED 20/05/1997. EXHIBIT P7: THE TRUE COPY OF THE COMMUNICATION DATED 16/04/2015 REJECTING THE PETITIONER'S APPLICATION.

EXHIBIT P7(A): THE TRUE COPY OF A DOCUMENT ISSUED BY THE VILLAGE OFFICER.

EXHIBIT P8:

THE TRUE COPY OF THE JUDGMENT IN W.P.(C).NO.29980/2014 DATED 12/11/2014.

RESPONDENT(S)' EXHIBITS :

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

Msd.

A.MUHAMED MUSTAQUE, J.

~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No.15660/2015 ~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 23rd Day of September, 2015

J U D G M E N T

The writ petitioner purchased a property covered by Exhibit P1 patta. Exhibit P1 patta is issued in the year 1988.

2.

The petitioner approached this Court on account of refusal to effect transfer of registry in respect of the property covered by the patta. 3.

The reason for not effecting transfer of registry is that by virtue of Ext.P6 Government Order dated 20-05-1997, there is a prohibition for alienation of the land granted under the Laksham Veedu Scheme. 4.

The patta in question has been issued to the predecessor-in-interest of the petitioner in the year 1988. The Government Order is of the year 1997. In that view of the matter, there shall be a direction to the respondents to effect mutation in respect of the property covered by Exhibit P1 patta as per Exhibit P5 document within one month from the date of receipt of a copy of the judgment. The writ petition is disposed of as above. No costs. Sd/- A.MUHAMED MUSTAQUE, JUDGE ms