High Court of KeralaWP(C)/19375/2015disposed of

Shamsudeen.M.A v. The Tahsildar

2015-09-02Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 2ND DAY OF SEPTEMBER 2015/11TH BHADRA, 1937 WP(C).No. 19375 of 2015 (V) ---------------------------- PETITIONER :

------------------ SHAMSUDEEN.M.A., AGED 65 YEARS, S/O.ABDUL RAHMAN RAWTHER, NOOLUVELIL HOUSE KOTTANGAL PO, KOTTANGAL, PATHANAMTHITTA DISTRICT PIN 686 547.

BY ADVS.SRI.BABU CHERUKARA SRI.ANZAR BASHEER RESPONDENTS :

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

1. THE TAHSILDAR MALLAPALLY TALUK, KOTTAYAM PIN 686 012.

2. THE VILLAGE OFFICER, KOTTANGAL VILLAGE, PIN 686 547.

R1 BY GOVERNMENT PLEADER SMT. C.K. SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 19375 of 2015 (V) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:

TRUE PHOTOSTAT COPY OF THE DOCUMENT 2466/1994 OF MALLAPALLY SUBREGISTRY.

P2:

TRUE PHOTOSTAT COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT P3:

TRUE PHOTOSTAT COPY OF THE REPLY GIVEN TO THE PETITIONER BY ADDITIONAL TAHSILDAR MALLAPALLY RESPONDENT(S)' EXHIBITS :

NIL.

//TRUE COPY// P.A. TO JUDGE bp

A.MUHAMED MUSTAQUE, J.

------------------------------------- W.P.(C)No.19375 of 2015 ---------------------------------- Dated this the 2nd day of September, 2015.

J U D G M E N T

The petitioner has approached this Court seeking a direction to effect mutation in respect of his property covered by Ext.P1.

2. On instruction, the learned Government Pleader submitted that on account of the mistake in the Survey number shown in Ext.P1, they are unable to carry out the mutation. It is further submitted that the petitioner is required to rectify the document to enable them to effect the mutation.

3. This Court is of the view that, essentially the question is related to the identity of the property. If there is no difficulty in identifying the property covered by Ext.P1, necessarily the transfer of the ownership shall be effected. However, if identify is not discernible, with the assistance of the Taluk Surveyor, the property shall be identified based on

W.P.(C)No.19375 of 2015 the boundaries and other description in the schedule. Necessary expenses shall be born by the petitioner. Needful shall be done within a period of 2 months of receipt of copy of this judgment.

Sd/- A.MUHAMED MUSTAQUE, Judge.

ami/ //True copy// P.A.to Judge