Shaji v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 6TH DAY OF JULY 2015/15TH ASHADHA, 1937 WP(C).No. 18776 of 2015 (V) ----------------------------------------- PETITIONER(S) :

------------------------- SHAJI, AGED 49 YEARS, S/O.LATE KANNOOKADAN POULOSE, ARIPALAM DESOM, POOMANGALAM VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT-680 121.

BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENT(S) :

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

1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVT., REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

2. THE DISTRICT COLLECTOR, COLLECTORATE, AYYANTHOLE, THRISSUR-680 001.

3. THE ADDL.TAHSILDAR, MUKUNDAPURAM TALUK OFFICE, THRISSUR-680 001.

4. THE VILLAGE OFFICER, POOMANGALAM VILLAGE OFFICE, THRISSUR-680 001. BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 18776 of 2015 (V) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

A TRUE COPY OF THE JUDGMENT DELIVERED BY THE ADDL. SUB COURT, IRINJALAKUDA IN O.S NO.230 OF 2007 DATED 09.01.2012. P2 :

A TRUE COPY OF THE REPORT AND PLAN SUBMITTED BY THE ADVOCATE COMMISSIONER IN THE FINAL DECREE PROCEEDINGS BASED ON EXT.P1, DATED 04.07.2009.

P3 :

A COPY OF THE E.P NO.292 OF 2013 IN O.S NO.230 OF 2007 ON THE FILE OF THE SUB COURT, IRINJALAKUDA, DATED 03.10.2013. P4 :

A COPY OF THE DELIVERY ACCOUNT IN E.P NO.292 OF 2013 IN O.S NO.230 OF 2007 ON THE FILE OF THE SUB COURT, IRINJALAKUDA, DATED 24.02.2014.

P5 :

A COPY OF THE APPLICATION AND THE ORDER PASSED SEEKING MUTATION TO BE EFFECTED DATED 22.11.2014.

RESPONDENT(S)' EXHIBITS :

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

Msd.

K. VINOD CHANDRAN, J.

------------------------------------------ W.P.(C) No. 18776 of 2015 (V) ------------------------------------------ Dated this the 6th day of July, 2015

J U D G M E N T

The petitioner is aggrieved with the fact that mutation has not been effected as per his request based on the final decree at Ext.P2. Ext.P2 is the final decree in a partition suit.

2.

The learned Government Pleader submits that as per the report of the Commissioner there is an excess of two cents shown in the property allotted to the petitioner, and hence, a survey would have to be conducted.

3.

In any event, the application would be considered and orders passed within a period of three months from the date of receipt of the certified copy of this judgment.

Writ petition is disposed of.

Sd/- K.VINOD CHANDRAN, JUDGE jjj