High Court of KeralaWP(C)/26519/2015disposed of

Arumugha Sundaram v. State Of Kerala

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 --------------------------------------------- PETITIONER(S) :

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1. ARUMUGHA SUNDARAM, AGED 57 YEARS, S/O.MUTHUSWAMY KOUNDER, GOPALAPURAM KALAM, KOZHIPATHY VILLAGE, CHITTUR TALUK, PALAKKAD.

2. MAHESWARI, AGED 54 YEARS, W/O.SOMASUNDARAM, MUVALAKAPUDUR KALAM, MUTHALAMADA VILLAGE, CHITTUR TALUK, PALAKKAD.

3. THANKARAJ, AGED 53 YEARS, S/O.KALIYAPPAN KOUNDER, GOPALAPURAM, MANNUR, POLLACHI TALUK, COIMBATORE, TAMILNADU.

4. MOHANDAS, AGED 46 YEARS, S/O.VELUSWAMY KOUNDER, GOPALAPURAM, MANNUR, POLLACHI TALUK, COIMBATORE, TAMILNADU.

5. GOVARDHANAGIRI, S/O.MUTHUKRISHNASWAMY KOUNDER, GOPALAPURAM, MANNUR, POLLACHI TALUK, COIMBATORE, TAMILNADU.

6. MANI MEKALAI, AGED 52 YEARS, W/O.MURUKESH, EASWARAN KOIL VEETHI, KOTTAMPATHY VILLAGE, POLLACHI TALUK, COIMBATORE DISTRICT, TAMILNADU.

7. RAJEESWARAN, AGED 46 YEARS, S/O.MUTHUSWAMY KOUNDER, GOPALAPURAM, RAMAPATTANMMA VILLAGE, POLLACHI TALUK, COIMBATORE, TAMILNADU.

8. GEETHA SWAROOPI, AGED 46 YEARS, W/O.ESWARAN, ESWARAN KOIL VEETHI, KOTTAMPATHY VILLAGE, POLLACHI TALUK, COIMBATORE, TAMILNADU.

9. RADHAMANI, AGED 45 YEARS, W/O.LATE KANAKAVEL, VELS FARM, ANAKETTIMEDU, GOVINDAPURAM P.O., MUTHALAMADA NO.1 VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT.

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--------------------------------------------- ALL PETITIONERS ARE REPRESENTED BY THEIR POWER OF ATTORNEY SENTHILVEL, S/O.NALLIMUTHU KOUNDER @ CHINNA KOUNDER, AGED 64 YEARS, HOUSE NO.XII/55, ANAKETTIMEDU, MUTHALAMADA NO.1 VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT.

BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S) :

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

2. THE SUB REGISTRAR, OFFICE OF THE SUB REGISTRAR, KOLLENGODE, PALAKKAD, PIN- 678 506.

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:

Msd.

----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS :

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

A TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, MUTHALAMADA IN RESPECT OF THE PROPERTIES HELD BY THE 1ST PETITIONER.

EXHIBIT-P1(A): A TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, MUTHALAMADA IN RESPECT OF THE PROPERTIES HELD BY THE 2ND PETITIONER.

EXHIBIT-P1(B): A TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, MUTHALAMADA IN RESPECT OF THE PROPERTIES HELD BY THE 3RD PETITIONER.

EXHIBIT-P2: A TRUE COPY OF THE ENCUMBRANCE CERTIFICATE ISSUED BY THE SRO KOLLENGODE IN RESPECT OF THE PROPERTY HELD BY THE FIRST PETITIONER.

EXHIBIT-P3: A TRUE COPY OF THE REPORT NO.X3-3262/07/FPB OF THE FINGER PRINT EXPERT.

EXHIBIT-P4: A TRUE COPY OF THE REPORT NO.X3-3310/07/FPB OF THE FINGER PRINT EXPERT.

EXHIBIT-P5: A TRUE COPY OF THE JUDGMENT IN C.C.NO.467/2007 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHITTUR. EXHIBIT-P6: A TRUE COPY OF THE JUDGMENT IN C.C.NO.469/2007 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHITTUR. EXHIBIT-P7: A TRUE COPY OF THE REPRESENTATION DATED 29.06.2015 SUBMITTED BY THE PETITIONERS BEFORE THE SRO, KOLLENGODE.

RESPONDENT(S)' EXHIBITS :

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

Msd.

A.MUHAMED MUSTAQUE, J.

------------------------------------- W.P.(C)No.26519 of 2015 ---------------------------------- Dated this the 2nd day of September, 2015.

J U D G M E N T

The petitioners have approached the 2nd respondent by Ext.P7 to correct the entries in the records of Sub Registrar, in respect of the property, which is the subject matter of the document referred in Ext.P7. In the light of the limited request, there shall be a direction to the 2nd respondent to consider Ext.P7, after affording the petitioners an opportunity of being heard, 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