Sumathi v. State Of Kerala & Others

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 9TH DAY OF SEPTEMBER 2015/18TH BHADRA, 1937 WP(C).No. 33834 of 2006 (C) ---------------------------- PETITIONER :

------------------ SUMATHI, W/O. THANKAPPAN, AGED 53 YEARS, THERISIL HOUSE, MARADU P.O.,TRIPUNITHURA BY ADV. SRI.BIJU ABRAHAM RESPONDENTS :

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

1. STATE OF KERALA, REPRESENTED BY SECRETARY, MINISTRY OF REVENUE GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

2. THE TAHSILDAR, KANAYANNUR TALUK.

3. THE VILLAGE OFFICER, THEKKUMBHAGAM VILLAGE, TRIPUNITHURA.

4. BABU, S/O. LATE BHASKARAN, AGED ABOUT 46, PADANNAYIL, PUTHYAKAVU, THEKKUMBHAGAM P.O., TRIPUNITHURA.

5. AMBILI BABU, W/O. BABU, AGED ABOUT 41, PADANNAYYIL, PUTHIYAKAVU, THEKKUMBHAGAM P.O., TRIPUNITHURA.

R1 TO R3 BY GOVERNMENT PLEADER SRI. GIKKU JACOB R4 & R5 BY ADV. SRI.C.P.RAVIKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

bp

WP(C).No. 33834 of 2006 APPENDIX PETITIONER'S EXHIBITS :

P1:

COPY OF WILL DT 23RD MAKARAM, 1123 M.E. REGISTERED AS 19/1123 OF SRO, TRIPUNITHURA.

P2:

COPY OF SETTLEMENT DEED NO. 1614/2000 OF SRO, THRIPUNITHUR DT 12/6/2000.

P3:

COPY OF PETITION DT 3/8/2002.

P4:

COPY OF ORDE DT 16/6/2005.

RESPONDENT'S EXHIBITS :

EXT.R4(a):

COPY OF THE SALE DEED NO. 2910/77 EXT.R4(b):

COPY OF THE SALE DEED NO. 169/79.

EXT.R4(c):

COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE 3RD RESPONDENT DT 7/8/1992.

EXT.R4(d):

COPY OF THE CERTIFICATE ISSUED BY THE R3 DT 28/4/2000. EXT.R4(e):

COPY OF THE ENCUMBRANCE CERTIFICATE ISSUED FROM THE SUB REGISTRY OFFICE DT 21/6/2006.

EXT.R4(f):

COPY OF THE RECEIPT FOR PAYMENT OF TRANSFER OF TRANDAPER.

EXT.R4(g):

COPY OF THE RECEIPT FOR PAYMENT OF LAND TAX.

EXT.R4(h):

COPY OF THE RECEIPT FOR PAYMENT OF LAND TAX.

EXT.R4(i):

COPY OF THE RECEIPT FOR PAYMENT OF LAND TAX.

EXT.R4(j):

COPY OF THE RECEIPT FOR PAYMENT OF LAND TAX.

EXT.R4(k):

COPY OF THE RECEIPT FOR PAYMENT OF LAND TAX //TRUE COPY// P.A. TO JUDGE bp

A.MUHAMED MUSTAQUE, J.

--------------------------------------- W.P.(C).No.33834 of 2006 ------------------------------------------------------------------- Dated this the 9th day of September,2015

J U D G M E N T

----------------------- This matter is relating to the effecting of mutation. In fact the relief sought for in this writ petition, reveals that there is a civil dispute.

2.

It is submitted by the learned Counsel for the 4th respondent that that property has been sold in favour of several persons and mutation has been effected in favour of those persons.

3.

In that view of the matter, this writ petition is disposed with liberty to the petitioner to challenge the same before the appropriate civil court.

The writ petition is disposed of as above.

Sd/ A.MUHAMED MUSTAQUE, JUDGE jm/