High Court of KeralaWP(C)/33852/2015disposed of

Reghu @ Reghunathan v. State Of Kerala

2015-12-03Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 3RD DAY OF DECEMBER 2015/12TH AGRAHAYANA, 1937 WP(C).No. 33852 of 2015 (F) ---------------------------- PETITIONER(S):

--------------- REGHU @ REGHUNATHAN AGED 68 YEARS S/O.VELAYUDHAN, BUSINESS, RESIDING AT THEKKUMTHALA AZAD ROAD, KALOOR, KOCHI-682 017 BY ADVS.SRI.N.C.JOSEPH SRI.K.ANTONY JOSEPH RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT GOVT. SECRETARIATE, THIRUVANANTHAPURAM

2. THE DISTRICT COLLECTOR, ALLEPPEY DISTRICT, COLLECTORATE, ALAPPUZHA

3. ADDITIONAL TAHSILDAR, KARTHIKAPPALLY TALUK

4. SURVEY SUPERINTENDANT, SUPERINTENDENT OF SURVEY AND LAND RECORDS RE-SURVEY (ALC) HARIPAD, PIN-690 514

5. THE VILLAGE OFFICER, ARATTUPUZHA VILLAGE, ALAPPUZHA DISTRICT BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 33852 of 2015 (F) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- EXT.P-1:

TRUE PHOTOCOPY OF DOCUMENT NO.5/1990 OF S.R.O KEERIKAD EXT.P-2:

TRUE PHOTOCOPY OF LAND ASSIGNMENT PATTA NO.6515 OBTAINED BY DEVAKI FROM SPL. TAHSILDAR (LA) KARTHIKAPPALLY TALUK EXT.P-2(A) TRUE CPHOTOCOPY OF LAND ASSIGNMENT PATTA NO.7364 OBTAINED BY DEVAKI FROM SPL. TAHSILDAR, (LA) KARTHIKAPPALLY TALUK EXT.P-3:

TRUE PHOTOCOPY OF TAX RECEIPT DATED 23.1.77 ISSUED FROM ARATTUPUZHA VILLAGE OFFICE TO SMT.DEVAKI, THE VENDOR OF THE PETIITONER EXT.P-4:

TRUE PHOTOCOPY OF ORDER DATED 5.5.2014 PASSED BY KERALA STATE HUMAN RIGHTS COMMISSION IN H.R.M.P.NO.8797/2013 EXT.P-5:

TRUE PHOTOCOPY OF COMMUNICATION LETTER HRMP NO.8797/13/ALPY DATED 30.5.2014 OF KERALA STATE HUMAN RIGHTS COMMISSION EXT.P-6:

TRUE PHOTOCOPY OF COMMUNICATION LETTER NO.K.3/5487/2015 DATED 5.5.2015 ISSUED BY 2ND RESPONDENT TO R.D.O CHENGANNUR EXT.P-7:

TRUE COPY OF DIRECTION/OFFICIAL MEMORANDUM DATED 11.09.2015 ISSUED BY KARTHIKAPPALLY TALUK LEGAL SERVICES COMMITTEE TO THE R.D.O CHENGANNUR AND ADDL. TAHSILDAR, KARTHIKAPPALLY.

RESPONDENT(S)' EXHIBITS NIL ------------------------ //TRUE COPY// P.A TO JUDGE vdv

A.MUHAMED MUSTAQUE, J.

======================== W.P(C)No.33852 of 2015 ============================ Dated this the 3rd day of December, 2015

JUDGMENT

Petitioner purchased 28 cents of land situated in Sy. No.1091/347/4577, 1091/176/1 and 1091/347/5412 of Arattupuzha Village from one Smt. Devaki. Petitioner submits that Smt. Devaki had title based on a purchase certificate issued to her under the Land Assignment Rules. Exts.P2 and P2(a) are the purchase certificates.

2. Petitioner approaches this Court on account of the delay in effecting mutation and accepting basic tax.

3. Learned Government Pleader submits on instruction that the property claimed by the petitioner forms part of the river puramboke and the other portion is already mutated to the name of third party. It is submitted that mutation effected on third party has been cancelled on account of interference by Human Rights Commission. It is also submitted that there is a challenge against the cancellation order by a third party.

4. This Court is of the view, Tahsildar shall identify the property claimed by the petitioner with respect to the purchase

W.P.(c) No.33852/2015 certificate issued to Smt. Devaki. Petitioner shall produce the purchase certificate before Tahsildar. Tahsildar shall identify the property with notice to petitioner as well as to the third party, who is now claiming portion of the property.

5. Needful shall be done within a period of four months after notice to the parties. Based on the outcome of such enquiry and demarcation, mutation shall be effected or refused. Writ petition is disposed of.

Sd/- A.MUHAMED MUSTAQUE, JUDGE vdv/05/12/15