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High Court of KeralaWP(C)/34120/2015disposed of

Anil Kumar K v. State Of Kerala

2015-11-12Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 12TH DAY OF NOVEMBER 2015/21ST KARTHIKA, 1937 WP(C).No. 34120 of 2015 (L) ---------------------------- PETITIONER :

-------------------- ANIL KUMAR K., AGED 52 YEARS S/O.K.KAVI RAJ, RESIDING AT MAYURYA, EDACKADOM P.O. EZHUKONE VIA., CHOWALLOOR, KOLLAM-691505.

BY ADV. SRI.R.PUSHPANGATHAN PILLAI RESPONDENT(S) :

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

1. STATE OF KERALA REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

2. THE DISTRICT COLLECTOR KASARAGODE DISTRICT-671 001.

3. THE DISTRICT REGISTRAR KASARAGODE DISTRICT-671 001.

4. THE TAHASILDAR KASARAGODE TALUK, KASARAGODE DISTRICT-671 001.

5. THE VILLAGE OFFICER KATTUKUKKAI VILLAGE, KASARAGODE TALUK KASARAGODE DISTRICT-671 001.

6. THANKAMMA AGED 72 YEARS, W/O.LATE KAVI RAJ, SURABHI, KATTUKUKKAI P.O.

PERALA, KASARAGODE TALUK, KASARAGOD DISTRICT-671552.

...2/-

WP(C).No. 34120 of 2015 (L) -2-

7. T.K.ANITHA, AGED 54 YEARS, W/O.SUNITH KUMAR, KATTUKUKKAI P.O., PERALA KASARAGODE TALUK, KASARAGODE DISTRICT-671552.

8. SUNITH KUMAR D., AGED 60 YEARS, KATTUKUKKAI P.O., PERALA, KASARAGODE TALUK KASARAGOD DISTRICT-671552.

R1 TO R5 BY GOVT. PLEADER SRI. BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...3/-

WP(C).No. 34120 of 2015 (L) ---------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXT. P1 :

TRUE COPY OF THE IDENTITY CARD IN RESPECT OF THE PETITIONER ISSUED BY THE DSSA BOARD.

EXT. P2 :

TRUE COPY OF THE LETTER WRITTEN BY 8TH RESPONDENT TO THE PETITIONER.

EXT. P3 :

TRUE COPY OF THE SALE AGREEMENT DT.8-5-1997.

EXT. P4 :

TRUE COPY OF THE SALE DEED NO.2145 DT.11-7-1997. EXT. P5 :

TRUE COPY OF THE PROPERTY TAX RECEIPT DT.30-1-1999. EXT. P6 :

TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT ALONG WITH CONNECTED DOCUMENTS.

EXT. P7 :

TRUE COPY OF THE REPRESENTATION DT.17-6-2009 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXT. P8 :

TRUE COPY OF THE PETITION DT.3-9-2010 SUBMITTED BY THE PETITIONER BEFORE THE REGISTRAR, HIGH COURT OF KERALA. EXT. P9 :

TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE DIRECTOR GENERAL OF POLICE, KERALA. EXT. P10 :

TRUE COPY OF THE RATION CARD NO.1208078462 IN RESPECT OF THE 6TH RESPONDENT ISSUED BY RATIONING AUTHORITY, KOTTARAKKARA.

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

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.34120 of 2015 ****************************************************************************** Dated this the 12th day of November, 2015

JUDGMENT

The petitioner submits that he has purchased certain items of property in the name of his mother. According to the petitioner, the property belongs to him. However, the siblings have misrepresented his mother and got conveyance of the title deed in their favour. It is further submitted that the present status of the property is not known. The petitioner approached the statutory authority by Ext.P6. This Court is of the view that the dispute now exposed in the writ petition is essentially a civil dispute and the petitioner has a remedy before the civil court. However, if the petitioner approaches the Sub Registrar of the competent jurisdiction, he shall give the details of the property. If the petitioner makes such a request through an application for encumbrance certificate, such details shall be furnished him without any delay.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln