High Court of KeralaWP(C)/26469/2015disposed of

Thiroor Multipurpose Co-Operative Society Ltd.No.R.1117 v. State Of Kerala

2015-10-05Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 5TH DAY OF OCTOBER 2015/13TH ASWINA, 1937 WP(C).No. 26469 of 2015 (G) ---------------------------- PETITIONER :

------------------- THIROOR MULTIPURPOSE CO-OPERATIVE SOCIETY LTD. NO. R.1117, AGED 39 YEARS, MG KAVU P.O., THRISSUR TALUK, THRISSUR-680 581 REPRESENTED BY ITS SECRETARY RAGI C.RENGANATH BY ADVS.SRI.P.B.KRISHNAN SRI.P.M.NEELAKANDAN SRI.P.B.SUBRAMANYAN SRI.SABU GEORGE RESPONDENTS :

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

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

2. THE ADDITIONAL TAHASILDAR THRISSUR TALUK OFFICE, CHEMBUKAVU, THRISSUR-20.

3. THE VILLAGE OFFICER, KOLAZHY VILLAGE, THRISSUR, PIN-680 010.

4. SUMATHY W/O. KOCHAPPU, AGED 56 YEARS, CHAKKALATHY HOUSE, H.NO.IV/58 MULANKUNNATUKAVU PO, THIROOR, KOLAZHY THRISSUR, PIN-680 581.

R1 TO R3 BY GOVERNMENT PLEADER SMT. C.K. SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 26469 of 2015 (G) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

TRUE COPY OF PATTA NO.LAP 781/88 DATED 22-12-1988. P2 :

TRUE COPY OF THE DOCUMENT REGISTERED AS NO.7037 OF 1994 IN BOOK NO.1 OF SRO, THRISSUR P3 :

TRUE COPY OF THE DOCUMENT REGISTERED AS NO.7123 OF 2003 IN BOOK NO.1 OF SRO, THRISSUR.

P4 :

TRUE COPY OF TAX RECEIPT NO.6205120 DATED 24-9-2014. P5 :

TRUE COPY OF DECISION NO.IV DATED 26-4-2013 OF THE MANAGING COMMITTEE OF THE PETITIONER SOCIETY P6 :

TRUE COPY OF THE DOCUMENT REGISTERED AS NO.2468 OF 2013 IN BOOK NO.1 OF SRO, THRISSUR P7 :

TRUE COPY OF RECEIPT NO.5522128 DATED 12-7-2013 ISSUED BY RESPONDENT NO.3 P8 :

TRUE COPY OF LETTER NO.B9-30439/13 DATED 15-2-2015 ISSUED BY RESPONDENT NO.2.

RESPONDENT(S)' EXHIBITS :

NIL.

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

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.26469 of 2015 ****************************************************************************** Dated this the 5th day of October, 2015

JUDGMENT

The petitioner has approached this Court on account of refusal to effect mutation in respect of his property covered by Ext.P6. As seen from Ext.P8, this property is included as Laksham Veedu Scheme and this has been assigned to the petitioner in violation of the Scheme.

This Court is of the view that the transfer of registry is being effected for fiscal purposes, mutation shall be effected in favour of the petitioner without prejudice to the official respondents to proceed against the property if it was assigned in violation of the Laksham Veedu Scheme. Needful shall be done within two weeks from the date of receipt of a copy of this judgment. This writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln