High Court of KeralaWP(C)/32674/2015disposed of

Shaji v. District Collector, Kollam

2015-11-21Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE SATURDAY, THE 21ST DAY OF NOVEMBER 2015/30TH KARTHIKA, 1937 WP(C).No. 32674 of 2015 (H) ---------------------------- PETITIONER:

---------------------- SHAJI, S/O.SHAHUL HAMED, AGED 45 YEARS, MAZHAPPATTUVILA KIZHAKKATHIL HOUSE, KAKKAKUNNU.P.O, TRIKKUNNAPUZHA, SOORANAD SOUTH VILLAGE, KUNNATHUR TALUK, KOLLAM DISTRICT.

BY ADVS.SRI.BABU JOSEPH KURUVATHAZHA SRI.P.T.ABHILASH RESPONDENTS:

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

1. DISTRICT COLLECTOR, CIVIL STATION, COLLECTORATE, KOLLAM-691 013.

2. TAHSILDAR, KUNNATHUR TALUK, TALUK OFFICE, KUNNATHUR, KOLLAM DISTRICT, PIN-690 540.

3. VILLAGE OFFICER, SASTHAMCOTTA VILLAGE, SASTHAMCOTTA.P.O., KOLLAM DISTRICT, PIN-690 521.

BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 32674 of 2015 (H) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 TRUE PHOTOCOPY OF THE PROCEEDING NO.C1-4787/14 DATED 11.6.2014 OF THE ADDITIONAL TAHSILDAR, KUNNATHUR TALUK P2 TRUE COPY OF THE RECEIPT NO.1110720 OF BOOK NO.11108 DATED 8.8.2014 ISSUED BY THE 3RD RESPONDENT P3 TRUE COPY OF THE PROCEEDING DATED 16.6.2014 OF THE ADDITIONAL TAHSILDAR, KUNNATHUR TALUK.

P4 TRUE COPY OF THE DOCUMENT NO.2338/2014 DATED 11.8.2014 OF THE SUB REGISTRY, SASTHAMCOTTA P5 TRUE COPY OF THE REPRESENTATION DATED 16.10.2014 SUBMITTED BY THE PETITIONER'S WIFE BEFORE THE 3RD RESPONDENT P6 TRUE COPY OF THE REPRESENTATION DATED 29.9.2015 SUBMITTED BY THE PETITIONER ALONG WITH HIS WIFE BEFORE THE 2ND RESPONDENT. RESPONDENT(S)' EXHIBITS:

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

A. MUHAMED MUSTAQUE, J --------------------------------------------------------- W.P.(C).No. 32674 of 2015 --------------------------------------------------------- Dated this the 21th day of November, 2015

JUDGMENT

The petitioner approached this Court on account of inaction to effect mutation in respect of the property covered by Ext.P4. The petitioner made a request as per Ext.P6 before the Tahsildar to effect mutation.

2. On instructions, Government Pleader submits that mutation effected in favour of the vendor of the petitioner is under challenge and the same is pending before the Revenue Divisional Officer.

3. In that view of the matter, this Court is of the view that there shall a direction to the Revenue Divisional Officer, Kollam, to hear the petitioner as well while taking taking a decision in this matter. Appropriate decision

W.P.(C).No. 32674 of 2015 -2shall be taken by the Revenue Divisional Officer after hearing the petitioner and all affected persons within six weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of as above.

Sd/- A. MUHAMED MUSTAQUE JUDGE bpr